City lawyer Hassan Male Mabirizi is not happy with the Ugandan state after it gave National Unity Platform (NUP) Principal Robert Kyagulanyi some form of a New Year’s gift by withdrawing charges of obtaining registration to Makerere University, Uganda’s oldest and most prominent higher learning of institution, by false pretence, against him.
Last year, Mabirizi demanded that Makerere gives him Kyagulanyi’s admission forms as well as the prospectus followed in the year Kyagulanyi was given a place at the institution. Once he had these documents, he sought to prove to court how the singer broke the rules governing the Mature Age Entry Scheme of admission to illegally gain admission to pursue a diploma at the university.
As a private prosecutor, Mabirizi then petitioned the Law Development Centre (LDC) Court to try the NUP leader on charges of obtaining registration to Makerere University by false pretence. In his application, Mabirizi noted that Kyagulanyi, who holds a Diploma in Music, Dance and Drama (MDD), on October 21, 2000, then aged 20, was admitted to pursue a Diploma in Music, Dance and Drama at Makerere University under the mature age entry scheme. This, he argued, was illegal given that the NUP leader was admitted under the mature age entry scheme yet he was below 25 years and had not completed any formal education five years prior to his admission as was required, according to the Makerere University Prospectus of 1999/2000-2000/2001.
Before the LDC Court, Mabirizi had presented certified copies of the prospectus showing that applicants were required to be at least 25 years old or to have completed formal education at least five years prior to the year of admission. But Kyagulanyi was then below the age of 25 years.
Jane Frances Abodo’s Directorate of Public Prosecutions (DPP) would later take over the case. Now, the DPP has presented a withdrawal letter to the LDC Court clearly indicating that the directorate would not be pursuing the case further.
In part, a letter from the DPP reads: “This is to inform court that the Director of Public Prosecutions has decided to discontinue proceedings against Kyagulanyi Ssentamu Robert charged with obtaining registration by false pretence contrary to section 312 of the Penal Code Act cap 120.”
But Mabirizi is using the withdrawal of charges against Kyagulanyi, suggesting that the NUP Principal works for Gen Museveni.
“Kyagulanyi connives with Museveni’s DPP,” he titled a video shared live on his Uganda People’s Interests’ page.
The lawyer, who is also a money lender, also seems unprepared to give up on the case. Claiming that that two Makerere University officials, including the academic registrar and bursar, were ready to pin Kyagulanyi for illegally attaining admission to the education institution, Mabirizi swore to continue with the private prosecution of the politician from Magere.
He further revealed that six days before the DPP withdrew charges against Kyagulanyi, he (Mabirizi) had applied to the LDC Court to allow him continue with the case under the private prosecution arrangement, reasoning that the state had failed to prosecute the singer-turned-politician. Mabirizi further argued that under article 120(3)(d) of the Constitution, the DPP has no powers to withdraw a case private prosecution without seeking leave of court.
