Controversial Kampala land dealer Muhammad Kamoga has asked the Magistrates Court at Entebbe to halt criminal proceedings against him pending hearing and determination of his appeal filed at the Supreme Court.
Through his lawyers, Kamoga told court that he filed a reference challenging Justice Monica Mugenyi for sitting as a single judge and allowing prosecution to proceed with criminal charges against him before Entebbe Chief Magistrates Court.
“We filed reference number 1 of 2025 challenging the decision of the judge of the Supreme Court which gave this court a green light to handle these cases and it is pending. We believe that the accused person will be prejudiced if these cases proceed before the reference is heard and determined,” Alex Kamukama one of Kamoga’s lawyers said.
The lawyers also challenged the fresh eight criminal charges slapped on their client after the prosecution amended the charge sheet on court record.
However, prosecution protested Kamoga’s pleas describing his arguments as delay tactics and an abuse of court process intended to alter a decision of the Court of Appeal and last week’s ruling of the Supreme Court in which prosecution was given a go ahead to proceed with prosecuting him.
“Counsel filed a reference just two days ago attempting to set aside a decision of the single judge of the Supreme Court. These references and appeal are baseless, frivolous, and intended to stifle the process of court and to delay justice that is deserving,” Paul Ahebwa the State Attorney in charge of Kamoga’s case stated.
After listening to the arguments from both counsels, the trial magistrate adjourned the case to 18.08.2025 when a ruling on the matter will be made since the file had just been allocated to him.
Early this month, the Supreme Court dismissed an application in which Kamoga had sought to stop his prosecution citing a pending appeal.
Justice Mugenyi held that she was unable to grant the interim order sought by Kamoga reasoning that the ends of justice are better served by a speedy prosecution of the criminal case, the determination of which would support rather than negate the pending civil case.
“It has not been established before me that the applicant (Kamoga) would not undergo a fair trial in Criminal Case No. 835 & 836 of 2023 or that the integrity of the criminal justice system would otherwise be compromised by his prosecution. I take the view that the impending prosecution of that case would not necessarily amount to a threat to the applicant’s right to a fair trial, but rather the commencement of a legal process by the constitutionally mandated office,” Justice Mugenyi held.
Kamoga had appeared before the Magistrates Court presided over by Grade One Magistrate Edgar Tusiime Tibayeita hardly a week after the then presiding Chief magistrate recused herself from proceeding with the matter after Kamoga had alleged that he was actively communicating with her through WhatsApp messages.
Kamoga had also failed to block his prosecution before the Supreme Court which dismissed his application where he was seeking an interim order of stay his criminal cases.
Kamoga is facing multiple charges of forgery, obtaining registration by false pretences, uttering false documents, unlawful eviction and malicious damage to property regarding fraudulent acquisition of a 200 acre land at Garuga-Bukaaya in Entebbe, Wakiso District.
Kamoga is also accused of forging the signatures of businessman Peter Bibangamba on transfer forms for land at Bukaya, Entebbe; fraudulently acquiring registration; uttering false documents; unlawful eviction and malicious damage to property.
His legal troubles stem from allegations that he used forged transfer forms to unlawfully transfer land ownership from Peter Bibangamba into his names for the over 200 acres of land.
Speaking to this publication after court, the complainant wondered how a Magistrates court could entertain an application from Kamoga to stop the hearing of their criminal cases yet the Court of Appeal and Supreme Court have emphatically held that Kamoga’s trial should proceed expeditiously?
They however expressed optimism that as night follows day, the case will be heard and determined.
