The International Crimes Division of the High Court has ruled that it is not possible to consolidate the two applications filed by legislators Allan Ssewanyana and Muhammad Ssegirinya with that of lawyer Male Mabirizi. Both applications are seeking to halt the terrorism trial against the Members of Parliament. Lady Justice Alice Komuhangi Khaukha has stated that the applications will be handled separately as it’s practically not possible to consolidate them.
In 2021, Makindye West MP Ssewanyana and his Kawempe North counterpart 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 on the said crimes, namely Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda.
Whereas 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 was 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. He listed the Attorney General, the Director of Public Prosecutions, and the accused persons as the respondents in his application.
In 2023, the MPs Ssewanyana and Ssegirinya also filed a relatively similar petition in the Constitutional Court, stating that the double trial on similar facts arising from one transaction was an abuse of the court process and could lead to conflicting decisions. The MPs also applied to stay the proceedings pending the determination of their constitutional petition. However, when the applications came up today for the ICD Judge Komuhangi to see if it was possible to consolidate them, the MPs’ lawyers led by Samuel Muyizzi Mulindwa told her that it was going to be difficult for them.
Muyizzi said he didn’t know how to proceed with consolidation as in Mabirizi’s application, his clients are respondents, yet in another, they are the applicants. He added that he didn’t want to be seen as objecting to Mabirizi’s application but needed further guidance from his clients Ssewanyana, who was in court, and Ssegirinya, who was absent, on how to proceed, saying it’s practically impossible. As a result, Judge Komuhangi has agreed with Muyizzi and said she would hear each application separately, even though they all seek a similar prayer for halting the trial.
The judge has given them timelines within which to make written submissions to Mabirizi’s application, adding that she will notify the parties when she is ready with her ruling. Earlier, Mabirizi was told to leave the bar because he was not a licensed advocate to sit with the other lawyers present. To qualify to sit at the Bar during court proceedings, one needs a degree in Law and a post-graduate diploma in Legal Practice.
During the proceedings, Mabirizi chose to stand aside and raised matters of the law. He alleged that one of the defense lawyers, Geoffrey Turyamusiima, had affidavits claiming that one of the accused persons, Jackson Kanyike, had signed an affidavit on behalf of his colleagues opposing the application. Mabirizi countered by saying that Serwadda and Wamala had told him they did not sign the affidavit and were not opposing his application.
He said that Turyamusiima’s actions were contrary to the Advocates Professional Code of Conduct Regulations. The judge ordered Turyamusiima to make written submissions about the matter. Mabirizi later criticized the decision not to consolidate the applications as improper and stated that he would consider what to do about it.
