The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Wakiso Chief Magistrates Court has issued criminal summons against National Unity Platform leader Robert Kyagulanyi requiring him to go and take plea on three offenses related to giving false information about his age.
The summons have been issued this afternoon by the Chief Magistrate Esther Lydia Nakadama Mubiru following a private prosecution case instituted against Kyagulanyi by city lawyer Male Mabirizi.
According to the summons, Kyagulanyi popularly known as Bobi Wine is required to appear at Wakiso Chief Magistrates Court on September 16 2020 at 10 am without fail.
Last month, Mabirizi instituted three criminal charges of giving false information, obtaining registration by false pretense and uttering false documents against Kyagulanyi in Wakiso Chief Magistrates Court.
Mabirizi alleges that on May 31, 2017, at 9:56am, Kyagulanyi gave false information to the Wakiso district returning officer that he was 35 years old and was nominated as a candidate in the Kyadondo East parliamentary race well knowing that it was a lie. As such, the charge sheet drafted by Mabirizi shows that if the returning officer had known about it, she would not have nominated Kyagulanyi for the Kyadondo East parliamentary race.
It is also alleged that Kyagulanyi furnished the same officer with academic documents indicating that he completed the Advanced level of education, the minimum requirement for one to be nominated as a legislator which was not true.
Kyagulanyi is also faulted for having uttered a false document that is a Uganda National Examinations Board letter of verification of results to the returning officer and accordingly obtained registration by false pretense.
Mabirizi’s decision to petition court started after information on the Parliament website indicated that Kyagulanyi was born in 1982, completed Primary level of education at nine years, Ordinary level at 13 years and Advanced level at 16.
This made Mabirizi to doubt whether Kyagulanyi started primary one at the age of two years. However, Mabirizi later managed to get documents from UNEB which also had discrepancies indicating that he was instead born in 1980 thus petitioning court.
Mabirizi has since instituted charges of giving false information to the passport officer at Ministry of Internal Affairs and Clerk to Parliament at Buganda Road Chief Magistrates Court. But this case is still pending hearing.
However, Kyagulanyi on Monday told journalists that his date of birth was altered by his late father.
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Private Prosecution is a very slippery slope !
Land grabbers & other ill-intentioned people could similarly use such private prosecution to fight & financially & psychologically exhaust their victims with equally frivolous cases and as country we should prevent obvious abuse like in this case, of these legal tools.
-When Bobi Wine wins this case will he be compensated for legal costs & time wastage ?
-Then who will meet the compensation cost, Mabirizi ? A failed & wannabe lawyer with no obvious source of income.
-Isn’t there a legal requirement that the private prosecutor should prove that they have the means to compensate their victim incase of an unsuccessful prosecution so as to stop time wasters like Mabirizi ?
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