Lawyer seeks high court review in Kavuya family repatriation case

Kampala, Uganda |  THE INDEPENDENT |  A Soroti based lawyer Leonard Otee has applied for a review of the decision to allow the Directorate of Public Prosecutions to take over Criminal proceedings against Foreign Affairs Minister Sam Kutesa.  

The minister faces trial for illegally authorizing three family members of businessman Ben Kavuya, to return home at a time when airports and borders were closed, as a government measure to forestall the spread of COVID-19. Thee three travelled from New York and entered Uganda through Entebbe International Airport.  

However, Kutesa’s actions were challenged by Otee on grounds that he had flouted the COVID-19 regulations since no passenger was being allowed to fly into the country at that time. Through his lawyers led by Nicholas Opio, Otee asked the court to prepare a charge sheet for the said individuals for disobeying lawful orders and doing an act that is likely to spread the infectious disease.  

But last week, Buganda Road Grade One Senior Magistrate Stella Maris Amabilis ruled that the constitution mandates the office of the DPP to get interested in all criminal proceedings against any citizen. The Magistrate subsequently directed the DPP to take over the Prosecution and accordingly, advised Otee to avail all the necessary assistance in form of evidence to enable the DPP to take over the proceedings to a logical conclusion.

But, Otee has now written to the Registrar of the High Court asking her to recall the file from Buganda Road Court to help them challenge the decision. The lawyers argue that it was wrong for the magistrate to allow the office of the DPP to take over the prosecution because that office ‘does not act in the public interest.’  

They say if the Directorate of Public Prosecutions was interested in instituting charges against Kutesa, they should have done without waiting for a court order. 

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