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The DPP taking over the case against Kyabazinga is unconstitutional and illegal, says lawyer Male Mabirizi
The Director of Public Prosecution (DPP) has assumed control of the criminal proceedings in the case where private prosecutor Male Mabirizi was challenging the legality of the marriage between Kyabazinga Gabula Nadiope and Jovia Mutesi.
By Ivan Kaahwa
The Director of Public Prosecution (DPP) has assumed control of the criminal proceedings in the case where private prosecutor Male Mabirizi was challenging the legality of the marriage between Kyabazinga Gabula Nadiope and Jovia Mutesi. Male Mabirizi, who had strongly contested the case against Kyabazinga, is now assigned a CID officer to whom he will provide all necessary evidence related to the case.
The DPP argues that the Constitution of Uganda empowers the office to take over the conduct of the criminal proceedings at any stage, citing provisions of A. 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 DPP notified and requested Mr. Male H. Mabirizi K. Kiwanuka to provide any information of evidential value or any compiled evidence to D/ASP Anyango Evelyn, the Police Division CID Officer, Kiira Central, to facilitate the preparation of the prosecution case file.
Mr. Male Mabirizi stated that this move by the DPP is unconstitutional and illegal, quoting Para 3(f) of the DPP Circular, which the State Attorney has defied.
Para 3(f) states that; The magistrate shall then draw up and sign a formal charge containing a statement of the offense or offenses alleged to have been committed by the accused. The prosecutor should take over proceedings at this stage after the charge has been drawn up.
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