The Buganda Road Court has dismissed an application by City Lawyer Hassan Male Mabirizi Kiwanuka that sought to compel National Unity Platform (NUP) Presidential Candidate Robert Kyagulanyi Ssentamu alias Bobi Wine to appear and defend his true age.
The Court Grade One Magistrate Stella Amabilis ruled that Kyagulanyi’s presence in court would be possible if the Director of Public Prosecution (DPP) had not taken over this case for further investigations.
The Magistrate noted that it is the Court to whom the complaint was filed that has a duty to consult a Local Chief in which the complaint arises; and then draft a charge sheet on behalf of Mabirizi; inorder to ascertain that he has not brought the complaint in bad faith.
Magistrate Amabilis said that since she had not drafted a charge sheet against Kyagulanyi; there is no way she could issue criminal summons for him to appear.
Mabilizi has now been advised to avail all the evidence he has to the DPP to investigate the matter because the DPP has powers to take over criminal proceedings at anytime.
Mabilizi who wanted to privately prosecute Kyagulanyi; accuses the Kyadondo East Legislator of making a false declaration before a passport control officer by stating that he was born in 1982 yet there is an unrebutted evidence which proves that he was born in 1980.
Mabilizi claims he obtained information from UNEB, Makerere University and the Electoral Commission (EC) where Kyagulanyi indicates on his academic papers at O’level, A’level and University Transcript that he was born in 1980.
