The Chief Magistrates Court of Jinja has ruled in favor of the Director of Public Prosecutions (DPP) regarding the takeover of a criminal case involving Male H. Mabirizi Kiwanuka where he was challenging the DPP’s takeover of a private prosecution which he has instituted against the Kyabazinga of Busoga.
The Court presided over by Grade One Magistrate Atumanya Anxious made the ruling on Tuesday, 4th June, 2024.
Mabirizi had dragged the newly wedded Busoga Royals to courts of law, accusing them of offences ranging from Bigamy and Fictitious Marriage.
He claimed that King Nadiope’s November, 15th 2023 wedding with Queen Mutesi was illegal as he was already wedded to another woman in 2016.
The lawsuit also implicated His Eminence Stephen Kaziimba Mugalu, the Archbishop of the Church of Uganda, who presided over the Royal Wedding, and Queen of Buganda Sylvia Nagginda, a witness at the ceremony
However, in early February, 2024, The Directorate of Public Prosecution (DPP) took over the criminal case filed by maverick lawyer Hassan Male Mabirizi against the King of Busoga, Wilberforce Nadiope Gabula and his wife Jovia Mutesi.
Consequently, Mabirizi challenged the legality of a circular dated March 2, 2021, issued by the DPP to all prosecutors titled “Handling of Private Prosecutions.”
He argued that the Resident State Attorney (RSA) of Jinja breached this directive on November 21, 2021, by taking over his criminal case. Male Mabirizi sought two orders from the court:
That the letter dated November 21, 2021, signed by the RSA Jinja, seeking to take over his criminal case be struck out and declared null and void.
That the court proceeds with the criminal case with Male Mabirizi as the prosecutor.
The Prosecution argued that the DPP was improperly named in the lawsuit, asserting that the DPP, in her official capacity, cannot be sued.
They contended that the correct respondent should have been the Attorney General.
Additionally, they argued that the legal provisions cited by Mabirizi were inapplicable to this case.
The prosecution also highlighted that the DPP had already assumed control of the case on November 21, 2023, and had made multiple attempts to prosecute, which were obstructed by Mabirizi.
They clarified that the internal circular Mabirizi referenced was intended solely for ODPP staff and was not violated.
Male Mabirizi relied on the DPP’s internal memo dated March 2, 2024, which stated that prosecutors should take over proceedings after the charge has been drawn.
However, the Magistrate ruled that the letter from the RSA dated November 21, 2023, indicating the DPP’s takeover of the case, was valid.
The Magistrate highlighted that a memo cannot alter the law and reaffirmed that the DPP has the constitutional authority to take over criminal proceedings as per Article 120 of the Constitution.
Therefore, the application was dismissed, upholding the DPP’s authority in the case and reinforcing the DPP’s mandate to ensure justice is served in accordance with the law.
The Prosecution was represented by Ms. Marion Acio a Chief State Attorney and Mr. David Mugamba Senior State Attorney in the Office of the Director of Public Prosecutions.
