The state has taken over a case in which city lawyer Male Mabirizi is accusing Kyadondo East MP Robert Kyagulanyi aka Bobi Wine of uttering false documents.
Days ago, Mabirizi embarked on a private prosecution of Bobi Wine in the Buganda Road Court for giving false information, obtaining registration by false pretense and uttering false documents contrary to provisions of the Penal Code Act.
Kyagulanyi Ssentamu Robert on the 31st day of May 2017 at Wakiso District Electoral Commission returning officer’s office located at Wakiso, Wakiso town council at 9:56 am, you gave false information to the Electoral Commission returning officer for Wakiso district, a public officer that you were 35 years of age knowing that it was false and you thereby caused the returning officer to nominate you as a candidate for Kyaddondo East constituency Member of Parliament, a thing he/she ought not to have done had he known the truth.
On the 31st day of May 2017, you knowingly and fraudulently uttered a false document, to wit, a Uganda National Examinations Board letter of verification of results number V0006677 reference number EA/GEN/40 to the Electoral Commission returning officer for Wakiso district.
Kyagulanyi Ssentamu Robert on the 11thday of July 2017 at parliamentary building , Parliamentary avenue, Kampala Central Division in Kampala district , you gave false information to the Clerk to Parliament ,a public officer that you were born on February 12, 1982 knowing that it was false and you thereby caused the Clerk to Parliament to enter false information on Uganda Parliament’s records and website, a thing she ought not to have done had she known the truth.
Bobi Wine has responded to the controversies surrounding his date of birth, age and academic credentials.
But while Mabirizi wanted a private prosecution of the National Unity Platform (NUP) presidential flag bearer, the state has picked interest in the case.
Buganda Road Resident State Attorney Janet Kitimbo has already written to the Chief Magistrate communicating that the Directorate of Public Prosecution (DPP) will take over the case from Mabirizi.
“Pursuant to Article 120(3) (c ) of the Constitution of the Republic of Uganda 1995 and section 43(1) (a) of the Magistrates Courts Act cap.16, the Director of Public Prosecutions is taking over and will continue to conduct the criminal proceedings in this case,” wrote Kitimbo.
Kitimbo further directed Mabirizi to hand over all evidence he had gathered to the DPP.
But the lawyer has expressed disdain at the state’s decision to take over the matter wondering why they had neglected the same for two decades.
“This is an extra ordinary case where the alleged offences were committed in Mach 2000 and for the past 20 years the state has been silent about the crimes which made me investigate the matter myself and it is perplexing how they now claim to be interested in my case,” Mabirizi wrote to the Chief Magistrate handling the matter.
“The Resident State Attorney, if she so wishes, can only make an application to court, with reasons to which I will respond before court exercises its independent powers enshrined in Article 128(1) and (2) of the Constitution to decide on the matter.”