By Kafuma Ahmed
Lawyer Male Mabirizi has asked Buganda Road Chief Magistrates court to issue an arrest warrant against Kyadondo East MP, Robert Kyagulanyi, also known as Bobi Wine to answer for several criminal charges against him.
“This is a request for issue of an arrest warrant against Kyagulanyi Ssentamu Robert in respect of a complaint on oath of criminal case number 784 of 2020 under section 42(1) (c ) and (3) of the Magistrates Court Act,”Mabirizi says .
In another private prosecution filed before the Buganda Road Chief Magistrate Court on Monday morning, Mabirizi accuses the legislator of giving false information, contrary to section 115(a) of the Penal Code Act.
“Kyagulanyi Ssentamu Robert on the 11th day of July 2017 at parliamentary building , Parliamentary avenue, Kampala Central Division in Kampala district , you gave false information to the Clerk to Parliament ,a public officer that you were born on February,12, 1982 knowing that it was false and you thereby caused the Clerk to Parliament to enter false information on Uganda Parliament’s records and website, a thing she ought not to have done had she known the truth,” Mabirizi’s charge sheet reads in part.
The Kyadondo East legislator is also accused of obtaining registration by false pretence contrary to section 312 of the Penal Code Act when his name was entered into parliament’s records under false pretence that he was born on February, 1, 1982 yet it was not true.
Kyagulanyi is also accused of declaring false information to immigration officers while applying for his passport on March, 1, 2000.
Criminals proceedings are usually instituted by the state but private individuals are also allowed to institute proceedings against anyone.
Section 42(1) (c ) of the Magistrate Court Act provides that criminal proceedings may be instituted by any person other than a public prosecutor or a police officer who has reasonable and probable cause to believe that an offence has been committed by any person.
The law also gives powers to the state, through an application to magistrate to take over proceedings in any private prosecution.
In simple terms, the state may take interest in the case against Kyagulanyi and can apply to take over it.