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Mabirizi objects to state taking over his age case against Bobi Wine



The directorate of public prosecutions (DPP) has written to the Buganda Road court seeking to take over the private criminal proceedings instituted against the National Unity Platform (NUP) president and presidential flag bearer Robert Kyagulanyi over his doctored age.    

Male Mabirizi last week instituted the proceedings against Kyagulanyi also known as Bobi Wine, alleging that he had committed criminal offences by lying about his date of birth.

A letter dated September 2, written by the Buganda Road court resident state attorney, Janet Kitimbo on behalf of the DPP, notes that the law mandates them to take over all the criminal proceedings in the country.

“Pursuant to Article 120 (3) (c) of the constitution of the Republic of Uganda 1995 and section 43 (1) (a) of the Magistrates Courts Act Cap 16, the director of public prosecutions is taking over and will continue to conduct the criminal proceedings in this case,” reads the letter in part.    

It adds that “in that regard, the complainant is required to furnish the director of public prosecutions all reasonable information, assistance and to furnish any documents or other matters in his possession or under his control regarding this case.” 

Mabirizi has responded to the DPP’s request in another letter to Buganda Road court chief magistrate. He notes that if the state wants to take over the proceedings, they should make an application to the court with reasons. 

Mabirizi says that his matter is an extraordinary one because the offences against Kyagulanyi were committed 20 years ago and the state has been silent about those crimes which forced him to investigate. He says it’s perplexing how the DPP can come to show interest in his case after this long period. 

“The resident state attorney Buganda road has written to Buganda road court stating that she wants to take over my case against Kyagulanyi. Of course, she’s giving no reason but I have again written back objecting to the same. Am telling them Kyagulanyi gave false information 20 years back when he was getting his first passport, and the government never tried to inquire why there was that false information and has never brought him to book. It was after I investigated and brought the matter to court with my evidence that they are saying they want to take over the case. Of course, I am objecting,” said Mabirizi. 

Mabirizi alleges that on July 11, 2017, Kyagulanyi gave false information to the clerk to parliament who is a public officer that he was born on February 12, 1982, well knowing that it was false. As a result, Mabirizi contends that the clerk to parliament entered that false information on their website. He also alleges that in March 2000, Kyagulanyi lied to the passport office at the ministry of Internal Affairs that he was 18 years yet according to Mabirizi’s evidence, Kyagulanyi was 20 years old then.

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, lower secondary at 13 years and advanced level at 16.

Mabirizi doubted whether Kyagulanyi studied primary one at just two years. Mabirizi later managed to get documents also with discrepancies thus petitioning the court. This case is fixed for hearing before Grade One senior magistrate Stella Maris Amabilis on September 10, 2020.      

On Tuesday, Wakiso Chief Magistrates court issued a criminal summons to Kyagulanyi on offences of obtaining registration by false pretence after deceiving Wakiso district returning officer who nominated him in the Kyadondo East by-election that he was 35 years old whereas not.       
Kyagulanyi is expected to appear in court on September 16, 2020. Kyagulanyi has since admitted to doctoring his age, saying it was done by his father to enable him to sit for the Primary Leaving Exams (PLE) after being catapulted straight from primary six. He says he later swore an affidavit in court in March 2000 to correct the anomaly. 

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