Justice Margaret Mutonyi of the Family Division of the High Court has recused herself from all family Court cases involving controversial city lawyer Male Mabirizi.
The judge made the announcement after Mabirizi insist that he puts her on record after protesting her action of stopping him from using his assistant’s phone to record the proceedings of the Court.
Luzira prison warden who escorted Mabirizi from prison where he is on remand on charges of broadcasting without a license was the one who raised the concern before the judge that Mabirizi was recording himself without the permission of the prison’s top leadership.
He explained to the judge that because he is a prisoner, Mabirizi is not supposed to access his phone or any other communication gadget without the permission of the top prison’s authority revealing that if he is allowed to access these gadgets, he is the one going to answer for his action once his bosses see such videos on social media.
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Pastor Solomon Male also supported the prisons warden and told Court that when Mabirizi records the proceedings through his assistants, he uses them to harasses them on social media.
Mabirizi protested the prison warden’s plea insisting that it is his constitutional right to record himself. He further explained that he does not record the judge or other people in court apart from himself.
The judge ordered the Court orderly to confiscate Mabirizi’s phone from his assistant to see what was being recorded, after seeing what was recorded, she directed the court orderly to delete the entire video.
She assured him that the proceedings are being recorded by herself and her assistant noting that there was no need for him also to record.
The judge first agreed with Mabirizi to record only himself but the prison warden insisted that Mabirizi should first get permission from the prison’s authority, the judge directed Mabirizi to proceed with his defence challenging his relative’s application of staying the orders allowing his to access his father’s estate.
Mabirizi insisted on making an application challenging the judge’s guidance on stopping him from recording himself in an open court noting that it is his constitutional right.
The judge on the other hand pleaded with Mabirizi to stop being controversial in everything including simple issues.
She asked him whether he did not have trust in her to preside over his matter
Mabirizi stated that he has a lot of confidence in her but he was scared she was being influenced by prison warden and pastor Male without citing any law that stops him from recording himself while defending his constitutional right.
The judge decided to withdraw from all cases involving Mabirizi noting that being a judicial officer, she cannot preside a matter when one of the parties does not trust her. She directed Mabirizi’s file to be taken to the deputy registrar of the family court so that it is allocated to another judge.
Gabriel Byamugisha the lawyer representing pastor Male and other family members protested the decision made by the judge to recuse herself of their matter. He explained that Mabirizi has forced other judges at the division to recuse themselves from their case.
However, the judge told him that the judiciary has more than eighty high court judges. She assured him that the Principal Judge who is the head of all judges of the high court will get another judge to handle their matter.
He was supported by Mabirizi while pastor Male boasted on the sides that Mabirizi is scared of the matter proceeding because he has no evidence to support his claim of being his biological brother.
Mabirizi on the other hand wondered why pastor Male is protesting his move of recording himself in an open court yet he is using different social media bloggers to harass him.
Pastor Male and others applied for stay of the orders made by Mengo Chief Magistrates Court of allowing Mabirizi to access his father Muhammad Mutumba’s multibillion estate. Mabirizi was stopped by pastor Male, Faisal Mutumba and others on ground who argue that he is not their relative.
They are also challenging court orders for them to be subjected to a DNA to establish whether they are biological brothers.
Mabirizi insists that their father’s body should be exhumed so that they get a piece from it to use during their DNA test.
