Court process server fails to get Bobi Wine  

COURT|CRIME|SUMMONS

A court process server, who was instructed to deliver summons to Kyadondo East lawmaker, Robert Kyagulanyi Ssentamu a.k.a Bobi Wine to answer charges of giving false information about his age has failed to get him.

On September 1, 2020, Wakiso Chief Magistrate, Esther Lydia Nakadama Mubiru, summoned Bobi Wine to appear before her court on September 16 (Wednesday) to answer charges of giving false information, obtaining registration by false pretense and uttering false documents.

The charges were opened against Kyagulanyi by lawyer Hassan Male Mabirizi, accusing him of lying to Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election.

Consequently, a court process server was instructed to serve the court summons to the presidential hopeful but in vain.

New Vision, however, has since learnt that the process server has failed to get him for the purposes of physically serving him with the same documents as required under the law.

"The process server has failed to get Bobi Wine. He went to his National Unity Platform (NUP) party offices in Kamwokya but was blocked from accessing him. He made several calls to him but he declined to answer. He sent a WhatsApp message to him but he has never replied to date," the source which preferred anonymity said.

When contacted, Mabirizi confirmed the same but said even if Bobi Wine hides in the sea, he has to appear in court and answer the charges.

"I am going to ask court to take it that Bobi Wine has defied it if he does not appear tomorrow (Wednesday) because even if the court process server failed to get him, I am  sure he read about the matter in the Newspapers and that is why he addressed a press conference over the same," Mabirizi said.

 In his application lodged at Wakiso Court on August 25, 2020, Mabirizi contends that Bobi Wine gave false information to the Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election, in which he emerged winner.      

Mabirizi alleges that on May 31, 2017 at Wakiso district Electoral Commission, Bobi Wine submitted academic documents to the returning officer indicating that he had completed A-level, whereas not.    

He also accuses Bobi Wine of uttering two false Uganda National Examination Board letters of verification of his results no.V0006678 and no.0006677.  

Mabirizi argues that Bobi Wine's UCE certificate is written in the names of Kyagulanyi Ssentamu R, which is different from Kyagulanyi Robert Ssentamu on his UACE certificate.    

Mabirizi further argues that although Bobi Wine's UCE certificate indicates that he sat ‘O' level in 1996, he could not have sat ‘A' level in March 1998, noting that it is practically impossible because it is a space of less than two years.    

"This is not practically possible because after sitting the exams at the end of 1996, he had to wait for results early 1997 and presentation of A-level results for March 1998 means he spent only one year in advanced level instead of the required two years which is not possible," Mabirizi contends.    

What Bobi Wine says  

Bobi Wine however insists that he was born on February 12, 1982 at Nkozi hospital but his father altered his birth dates so that he could sit Primary Seven while in primary six.  

The legislator contends that he has since deponed an affidavit rectifying the anomaly.  

"I was born on February 12, 1982 in Nkozi and my elder brother Julius Walakila on October 23, 1979. There is no way I would be born on February, 12, 1980, only four months after the birth of my elder brother," he said.  

Mabirizi was prompted to probe Bobi Wine's academic documents and age after his profile on the parliament website indicated that he sat his O-level at Kitante Hill School in 1996 and A-level at Kololo secondary school in 1998m which according to Mabirizi is peculiar in the Uganda's education system.      

The National Unity Platform (NUP) leader is facing the charges under Section 115, 312, 315 and 347 of the Penal Code Act. The offences attract a maximum sentence of 5-years-imprisonment, on conviction

Section 42(3) (6) of the Magistrates Court Act allows any person who believes that an offence has been committed to lodge a complaint to the Magistrate with supportive evidence in order to be allowed to commence private prosecution against the said person.    

However, the Director of Public Prosecutions (DPP), according to the law, is mandated to prosecute criminal matters and has powers to take over private prosecution at any given stage of the trial.    

On September, 28, Buganda Road Court is set to give its ruling on whether or not the DPP takes over Kyagulanyi's prosecution in a similar matter before it.