Justice Paul Gadenya of the High Court Criminal Division has quashed the decisions issued by Buganda Road Chief Magistrate Ronald Kayizzi allowing a controversial city pastor to proceed with private prosecution against two private lawyers.
In his ruling, Justice Gadenya a seasoned judicial officer declared that it was wrong for Kayizzi to sanction criminal charges of uttering a forged document and conspiracy to commit a felony contrary to section 363 of the Penal Code Act Cap against lawyers Robert Ssenfuka and Umar Nyanzi advocates who were just hired to represent a client against controversial pastor Daniel Walugembe.
Justice Gadenya explained that the foundation of the charges resulted from the alleged forgery of two Sales Agreements which had not been proved by the private prosecutor.
“ In conclusion, the Chief Magistrate had no legal or factual basis to direct or sanction the private prosecution against the Applicant, when a material ingredient of the offences in question had not been proved,” the judge stated.
The judge further declared that it was wrong for the magistrate to proceed and sanction charges against the lawyers when the charge sheet was not signed by himself which is a requirement under section 42(5) of the Magistrates’ Courts Act.
The private prosecution of the lawyers which the judge directed Kayizzi to close resulted from the legal fight over land between pastor Walugembe and Dr Ntwatwa Lule at Wandegeya Katanga in Kawempe Division.
According to court documents, Dr Ntwatwa hired the lawyers to represent him. However, when they filed their evidence before the Land Division of the High Court, pastor Walugembe directed his blue eyed boy Patrick Fula who was suspended from legal practice by Uganda Law Council on grounds of misconduct to initiate a private prosecution on his behalf against the lawyers.
The lawyers declined to appear before magistrate Kayizzi who issued criminal summons against them insisting that they are being protected by law noting that they cannot be prosecuted because of producing evidence provided to them by their clients since they are officers of court.
They retaliated by dragging Kayizzi to the Judicial Service Commission accusing him of violating his judicial powers to prosecute them given that he was a former lawyer to pastor Walugembe. They insisted that Kayizzi was using his office to persecute them on behalf of his former client.
After securing High Court directives, this website has established that the lawyers have started the process of dragging pastor Walugembe to court to face criminal persecution and they want him to compensate them for the money and time they have spent in the process of seeking their freedom and justice.
However, Kayizzi was exonerated by the Inspectorate of Court which established that there was no record showing that Kayizzi ever represented Walugembe in any legal issues.
