Kavuya family repatriation case file sent back to lower court

Kampala, Uganda |  THE INDEPENDENT | The High Court in Kampala has returned a file in which a Soroti based lawyer Leonard Otee is pursuing the prosecution of Foreign Affairs Minister Sam Kutesa over the repatriation of Businessman Ben Kabuya’s family during the COVID-19 lockdown. 

Three members of Kavuya’s family travelled from the United States of America on May 18, 2020, aboard Ethiopian Airlines, at a time when Entebbe International Airport and other Ugandan borders were closed as a measure to keep coronavirus at bay. 

In the aftermath, Otee through his lawyers led by Nicholas Opio instituted private criminal proceedings against Kutesa through the Buganda Road Magistrates court. He argued that Kutesa’s actions were illegal because they contravened regulations that were put in place by the government to forestall the spread of the disease. 

However, the Buganda Road Grade One Senior Magistrate Stella Maris Amabilis ruled that the Director of Public Prosecutions – DPP takes over the matter. Her argument was that the constitution mandates the office of the DPP to take over all the criminal proceedings in this country.

But, Otee applied for a review of the decision in the High Court Criminal Division. He said that the case was likely to collapse because, according to him, the DPP  was not acting in the public interest.

However, in his Judgement today the head of High Court Criminal Division Justice Wilson Kwesiga said that he had examined the lower court proceedings and relevant laws and found that criminal proceedings are not supposed to be a private contest when the DPP is interested in investigating and prosecuting a matter to prevent abuse of the court process.

Justice Kwesiga also terminated Private Prosecution proceedings and ordered that the original file be sent back to Buganda Road Magistrates Court for further case management.  The Judge also ordered the DPP to take over and continue with the case to serve the interest of justice in the matter.

Justice Kwesiga has also directed that the complainant avails to the DPP any materials relevant for the pursuit of the case to enable the DPP to conduct appropriate prosecution.

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