The High Court in Kampala has once again cleared NUP leader Robert Kyagulanyi Ssentamu, popularly known as Bobi Wine, from a private prosecution attempt by lawyer Male Mabirizi. Mabirizi had tried to bring back a case accusing Bobi Wine of registering the National Unity Platform (NUP) through false claims. The case was first filed in 2021 at the Law Development Centre (LDC) Magistrate’s Court, but the Director of Public Prosecutions (DPP) quickly took over and later withdrew the charges, saying the case lacked merit and was not in the public interest.
Unhappy with the withdrawal, Mabirizi approached the High Court, arguing that the trial magistrate had wrongly allowed the DPP to discontinue the case without following Article 120(5) of the Constitution, which requires court consent. He asked the High Court to reinstate the case and assign it to a new magistrate. However, Justice Emmanuel Baguma dismissed his request, pointing out that the LDC magistrate had given consent for the case to end, and Bobi Wine was properly discharged. The judge emphasized that the Constitution gives the DPP full authority to take over and discontinue cases that were initially started by private individuals, as long as the court agrees.
Justice Baguma explained clearly, “The law does not dictate the exact format of consent. When the DPP applies to withdraw a case and the court allows it, that is consent. It cannot be argued that consent was not given.” He also referenced past cases such as Tinyefuza v Attorney General (1997) and Prof. Gilbert Bukenya v Attorney General (2011) to show that the DPP operates independently and that courts cannot force the office to continue cases that lack evidence.
The judge further highlighted that private prosecutions are always secondary to public prosecutions. Once a case is taken over by the DPP, it falls under their control, including the power to discontinue it completely, as outlined in Article 120(3)(d) of the Constitution. Male Mabirizi, who often represents himself, has become known for filing multiple private cases against politicians and government officials. The attempt to reopen the case against Bobi Wine was one of his most high-profile efforts in the political arena.
In the end, the High Court ruled that Mabirizi’s application had no merit, marking another legal victory for Bobi Wine. The decision reinforces the authority of the DPP and shows that the courts respect the independence of public prosecutions, while also clarifying the limits of private legal actions in Uganda.
