Court dismisses nuisance charges against Ssemujju, 13 others

KAMPALA, UGANDA | THE INDEPENDENT | The Buganda Road Chief Magistrates Court has dismissed common nuisance charges against 14 members of the Opposition Forum for Democratic Change (FDC), Katonga Faction, including Kira Municipality Member of Parliament, Ibrahim Ssemuju Nganda.

The charges were dismissed on Wednesday by Chief Magistrate Ronald Kayizzi after the prosecution failed to produce witnesses in court to testify against the accused when the matter was brought to the hearing. Among those set free were Deputy Lord Mayor Doreen Nyanjura, lawyer Wahab Musinguzi, legal assistant Eric Wasswa, businesswomen Phiona Kabayiza and Zalikah Mutesi, hawker Gilbert Nayebare, sales agent Innocent Turyahikayo, student Beston Mutambi, former head of FDC mobilization Ingrid Kamateneti Turinawe, FDC Secretary General Harold Kaija, former Rukungiri Municipality MP Roland Mugume Kaginda, and Kabale Municipality MP Nicholas Kamara Thadeous.

The group was arrested on August 5, 2024, while marching to the Kenyan High Commission in Kampala to protest the arrest of their members in Kisumu in July 2024. They were accused of being rowdy, blocking walkways, and inconveniencing the public.   During the hearing, no witnesses appeared in court, prompting defense lawyer Samuel Wanda to request a dismissal of the case due to a lack of prosecution. He suggested that if the state became prepared to prosecute, they could reinstate the case.

State Attorney Ivan Kyazze apologized for the absence of witnesses, saying, the “Accused persons took plea on the 5th of August 2024 since then no single witness has come to court to testify against them. On 4 of November 2024 court gave the state the last adjournment to produce their witnesses on 9 December 2024 but they did not. On 9 December 2024 the state prayed for the very last adjournment as they had no witnesses on that day which court granted and instructed them to bring witnesses on the 22 January 2025 which is today.”

The court agreed with Wanda and dismissed the case for lack of prosecution under Section 119 of the Magistrates Court Act (MCA), noting that the delay in producing witnesses since August 5, 2024, was excessive. The court advised the state to reinstate the case if they were ready to proceed.   As a result, all accused persons were released unless held on other valid charges. The trouble for the Katonga Faction began with their arrest while protesting at the Kenyan High Commission regarding the detention of their members.

Those members, who had been arrested on terrorism charges, were subsequently granted bail. FDC Chairman Amb. Wasswa Biriggwa wrote to the Kenyan High Commissioner demanding answers and condemning the alleged abduction, emphasizing the breach of trust and sovereignty. The FDC called on the Kenyan government to take immediate action to address the situation and safeguard the rights of the detained leaders.

The dismissal of charges against Ssemuju and his group does not affect other pending charges against another group of seven individuals, including Ssemuju himself, who were arrested under similar circumstances and subsequently brought before Grade One Magistrate Dan Mwesiga on common nuisance charges.

The other individuals on this charge sheet include Ingrid Kamateneti Turinawe, Masurudin Basalirwa, Abdul Ssebyala Bukenya, Nobert Chaku, Faridah Nangonzi, and Hillary Atwongirwe. The allegations state that the accused persons, on November 25, 2024, obstructed Ssezibwa Road in Central Division, Kampala, causing danger or inconvenience to traffic.

This group was also arrested while planning to march to the Kenyan High Commission in Kololo to demand an explanation for the detention of their members, including the recently jailed Dr. Kizza Besigye and Hajji Obeid Lutale. Besigye and Lutale had been arrested in Kenya and remanded in November 2024 by the Court Martial, chaired by Brigadier Robert Freeman Mugabe, until their case returns on February 3, 2025.

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