By Rachael Najjuma
26th April 2023
City Lawyer Male Mabirizi has withdrawn his application seeking to halt the terrorism trial against Kawempe North MP Muhammad Ssegirinya and his Makindye West counterpart Allan Ssewanyana.
Mabirizi cited bias and unequal treatment by the pretrial Judge Alice Komuhangi Khaukha in his withdrawal letter, dated April 25th, 2023 that was tendered before Court.
In 2021, Ssewanyana and Ssegirinya were indicted on charges of terrorism, murder, and attempted murder arising from the Greater Masaka district in the wave of machete killings where more than 20 people died, and scores were left injured.
The legislators were charged with four others namely Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda. While the group was committed to the International Crimes Division of the High Court to answer these charges, the MPs, who had additional charges of murder, had their files split, and one committed for trial before the Masaka High Court.
As a result, Mabirizi petitioned the Constitutional Court challenging the legality of splitting and distributing these files to two different courts, yet they result from one set of facts.
He asked the Constitutional Court to nullify the accused person’s trial and declare it illegal, saying the legislators were being persecuted because of their political beliefs.
In 2022, Mabirizi filed an application seeking to halt the trial of the legislators pending the determination of his constitutional petition in the International Crimes Division.
Now, it is this application that was pending a hearing next month that Mabirizi has withdrawn in his letter.
Mabirizi argued that Ssewanyana and Ssegirinya, who are legislators, are required by article 79(3) of the Constitution to protect the constitution and promote the democratic governance of Uganda.
End
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