Gen Muhoozi’s Case Referred to High Court

The Buganda Road Chief Magistrate's Court has referred a case involving Gen Muhoozi Kainerugaba, a presidential advisor on special operations, to the High Court. Gen Kainerugaba is accused of disobedience and common nuisance allegedly committed during his birthday party celebrations in October of the previous year. The state attorney requested the referral to the High Court, arguing that the private prosecutor had no authority to file an amended charge sheet after the Director of Public Prosecutions (DPP) had taken over the case.

The Chief Magistrate noted that the private prosecution, initiated by Mr. Male Mabirizi, was filed at the City Hall Court on November 11, 2022, and subsequently taken over by the DPP on November 14. Court documents filed by Mabirizi on July 13, 2023, were mistakenly received by the City Hall Court. These documents increased the number of accused persons from one to eight and expanded the charges from two to six. The Chief Magistrate acknowledged the error but explained that only the High Court had the authority, under Section 50 of the Criminal Procedure Act, to correct such mistakes. Therefore, he decided to give the DPP an opportunity to file an application for revision.

The state prosecutor supported the referral, arguing that Mr. Mabirizi had no authority to make amendments to the charge sheet after the DPP had taken over the case. The state prosecutor also highlighted that the High Court had the power to correct any material errors related to the merits of the case through criminal revision, as stated in Section 50 of the Criminal Procedure Act.

Gen Muhoozi was represented in court by former East African Legislative Assembly MP, Mr. Fred Mukasa Mbidde, who agreed with the state's submissions. The amended charge sheet by Mr. Mabirizi listed seven additional accused individuals, including politicians, journalists, businessmen, and family members of prominent figures. The new charges sought by Mabirizi included scandalous conduct by officers and conspiracy to commit misdemeanors.

Mr. Mabirizi, who appeared after court proceedings had concluded, threatened to file a case against the trial Chief Magistrate at the Judicial Service Commission for taking up the case in his absence.

The case was adjourned to August 22 to allow the prosecution to provide an update on the progress of the application in the High Court.