The state has taken over prosecution of Kyadondo East Member of Parliament, Robert Kyagulanyi in a case where he is accused of giving wrong information concerning his age to parliament and the passport office.
The summons issued on Wednesday by the Buganda Road Chief Magistrate’s Court requires the National Unity Platform (NUP) party leader to appear before it on September 10, 2020 at 9:00am.
Jane Kitimbo, the Resident Chief State Attorney for Buganda Road Court says the Directorate of Public Prosecutions DPP is taking over prosecution in the matter.
“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,” Kitimbo says.
The Resident State Attorney has consequently asked lawyer Hassan Male Mabirizi to furnish the DPP’s office with all evidence regarding the matter.
However, in a response to the Resident State Attorney’s letter, lawyer Mabirizi who initiated private prosecutions against Bobi Wine has protested against the state’s intervention.
“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,” Mabirizi says in his letter to the Buganda Road Chief Magistrates Court.
“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,” the lawyer says.
Bobi Wine is accused of obtaining registration by false pretence contrary to section 312 of the Penal Code Act when his name was entered into parliament’s records under false pretence that he was born on February,1, 1982 yet it was not true.
He is also accused of declaring false information to immigration officers while applying for his passport on March,1, 2000.
On Monday, the pop-star turned politician said it was his father, who altered his age to enable him to skip some classes but he had reportedly deponed an affidavit rectifying the anomaly as required under the law.
On Tuesday, also Wakiso Chief Magistrate Court summoned the presidential hopeful in regard to his age.
Mabirizi was prompted to investigate Bobi Wine’s academic credentials on grounds that his academic background had questionable aspects.
