Court asked to summon Kyagulanyi for obtaining false registration

Kampala, Uganda | THE INDEPENDENT | Lawyer Male Mabirizi has asked the Law Development Centre Magistrates Court to issue criminal summons to National Unity Platform President Robert Kyagulanyi, requiring him to appear and take a plea on charges of obtaining false registration at Makerere University.

Kyagulanyi graduated from Makerere University about 20 years ago with a Diploma in Music, Dance and Drama-MDD, which Mabirizi alleges that he obtained through a fraudulent process.

According to Mabirizi, Kyagulanyi who was then 20 years old was on October 21, 2000, registered as a student of MDD on a mature age entry scheme contrary to Makerere University Prospectus of 1999/2000-2000/2001.

The Prospectus in question of which Mabirizi has submitted a certified copy signed by the Academic Registrar of Makerere University Alfred Namoah Masikye indicates that, for one to be admitted for the mature age entry at that time was at least to be 25 years old or for one to have completed formal education at least five years previous to the year of admission, which was not the case with Kyagulanyi.

To support his case, Mabirizi has submitted other certified copies of evidence from Makerere University showing Kyagulanyi’s form leading to his admission which is dated and signed by him on October 20, 2000.

The form also indicates that Kyagulanyi was born on February 12th 1980, and studied at Kololo Senior Secondary School and Kitante Hill School, implying that by the time he was admitted to pursue the course on government sponsorship, Kyagulanyi was 20 years of age and neither had he finished formal education five years before his admission.

Mabirizi has now petitioned the LDC Magistrates Court to institute criminal proceedings for the offence of obtaining registration by false pretence contrary to section 312 of the Penal Code Act.

The section states that any person who willfully procures or attempts to procure for himself or herself any other person any registration, licence or certificate under any law by any false pretence commits a misdemeanor and is liable for imprisonment for one year.

According to Mabirizi, the law also provides that any person who has reasonable and probable cause to believe that an offence has been committed by any person may make a complaint of the alleged offence to a Magistrate and it’s this right that he is now exercising.

“This complaint is supported by evidence contained in my affidavit and a draft charge sheet for your approval. I pray that you issue the criminal summons for his attendance and plea taking as soon as possible”, reads Mabirizi’s petition.

This is not the first case related to Kyagulanyi’s academic qualifications that Mabirizi is filing in court.

In June 2021, Mabirizi sued Makerere University before the Civil Division of High Court seeking orders compelling Makerere University to deprive and recall Kyagulanyi’s Diploma in Music, Dance and Drama for having obtained it illegally.

The case which is also seeking costs for the damages caused to Mabirizi in pursuit of the case is yet to be fixed for hearing.

Previously, Mabirizi also instituted criminal cases accusing Kyagulanyi of having lied about his age and date of birth when he was joining the 10th Parliament as the Kyadondo East MP and when he was registering to get a passport from the Ministry of Internal Affairs.

But the DPP has since taken over these cases which are scattered in Kampala and Wakiso Courts and have since stalled after the mentioned government department’s delay to provide him with supporting documents as evidence.

Mabirizi has revealed that even if DPP takes over this case, it will not stall because Makerere University has already provided him with all the necessary evidence to have Kyagulanyi convicted.

Kyagulanyi has since indicated that he swore an affidavit rectifying the discrepancies in his dates of birth where some documents show he was born in 1982 and others in 1980. He says that he skipped one of the classes in Primary School and had to alter it on the advice of his father.

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