Mabirizi petitions court to dismiss trial against Ssegirinya, Ssewanyana

Mabirizi wants the pre-trial hearing to be put on ice until his constitutional petition challenging the legality of the charges against the legislators and five others is determined. The five others accused alongside the two legislators are Jackson Kanyike, John Mugerwa, Bull Wamala, Mike Sserwadda, and Jude Muwonge.

On November 21, 2021, Masaka Chief Magistrate's court Committed the seven to face trial in the High Court for murder, attempted murder, aiding, and abetting terrorism.

It is alleged that the seven accused were involved in the Greater Masaka machete killings which occurred between March and June 2021, and claimed the lives of more than 20 people leaving many others grievously injured.

On September 21, 2021, however, the High Court granted the MPs a Shs 20 million cash bail on terrorism-related charges before the state came after the legislators, again, with an additional charge of murdering Joseph Bwanika eight days later.

Mabirizi petition

Mabirizi petitioned the Constitutional Court, his argument being that the said additional charges amount to political persecution, which is unconstitutional.

He added the additional charges deprived Ssewanyana and Ssegirinya of Shs 20 million, which should not have been the case had the state presented an amended charge sheet.

According to Mabirizi, in preferring fresh charges against the MPs, the State made it difficult for the duo to get effective legal representation. The new charges also required them to make new bail applications on offences alleged to have been committed within the same period and area.

He asked the Constitutional Court to dismiss the legislators’ trial and order their immediate and unconditional release. Thereupon, award them general and exemplary damages for the disturbances arising from the said state actions which he described as unconstitutional.

Mabirizi has been in jail at Luzira Maximum upper-security prison since February 22, 2022, serving a jail term of 18 months for contempt of court.