Lawyer Hassan Male Mabirizi has petitioned the High Court in Kampala contesting the decision of Wakiso Magistrates Court to allow the Director of Public prosecutions take over his case in which he accused Kyadondo East MP Robert Kyagulanyi Sentamu of uttering false information to Wakiso District Electoral commission returning officer in regard to his age.
In his application of judicial review, Mabirizi argues that the Magistrate failed to ensure that the intended takeover was in public interest, interest of administration of Justice or preventing abuse of court process.
According to documents filed before the High Court criminal division, Mabirizi says the failure of the magistrate to issue a warrant of arrest after finding out that Kyagulanyi was effectively served with the earlier summons is to deny him (Mabirizi) right to fair hearing.
Last month, Mabirizi instituted private criminal proceedings against Kyagulanyi for allegedly uttering false academic documents during his nomination for the Kyadondo East parliamentary by-elections in 2017.
He contends that the names on Kyagulanyi’s Uganda Certificate of Education are different from those that appear on his Uganda Advanced Certificate of Education.
The Magistrate’s decision followed a request by the State Attorney Emily Ninsiima who argued that the law mandates the DPP’s office to take over all criminal proceedings in this country.