LDC Court dismisses Kyagulanyi’s Makerere University admission case

By Rachael Najjuma

14^th Feb 2022

The Law Development Centre- LDC Court has discharged the National Unity Platform- NUP President Robert Kyagulanyi Ssentamu on charges of obtaining registration by false pretense at Makerere University.

The Court presided over by Grade One Magistrate Augustine Alule has discharged Kyagulanyi on the criminal charges that were instituted against him by Male Mabirizi as a Private Prosecutor accusing him of having acquired a Diploma in Music Dance and Drama fraudulently.

Mabirizi indicated that Kyagulanyi was only 20 years old by the time of his admission on October 21st, 2000 which was contrary to the Makerere University Prospectus.

The Prospectus set the minimum age for mature entry at 25 years or for one to have completed formal education at least five years prior to the year of admission.

Subsequently, Mabirizi as the complainant asked the court to summon Kyagulanyi to appear and answer to charges saying that he had fraudulently studied on government sponsorship and accordingly obtained registration by false pretense, an offense that attracts one-year jail term if found guilty.

However, the case was taken over by the Director of Public Prosecutions, and State Attorney Joy Apolot in the previous session tendered a withdrawal from dated December 16th, 2021 showing that the DPP Jane Frances Abodo had withdrawn charges against him.

However, Mabirizi objected to the withdrawal saying that the law doesn’t allow the DPP to withdraw charges commenced by an individual or an authority without the consent of the person who initiated them.

However, in his ruling on Monday, Magistrate Alule noted that Mabirizi lost the right to represent himself when the DPP took over the case, and therefore he shouldn’t have written his January 4th 2022 letter seeking the return of the case.

He added that the Constitution gives the DPP powers to take over all criminal matters in the country and to exercise this power judiciously and therefore, Mabirizi failed to prove that the actions of taking over his case were irrational and illegal.