The High Court in Kampala has set Friday 28 January 2022 as the date to hear lawyer Hassan Male Mabirizi-Kiwanuka’s application seeking to block the Director of Public Prosecution – DPP’s decision to take over the trial of Pastor Aloysius Bujjingo.
Bujjingo is accused of committing bigamy and contracting marriage by customary law with Susan Makula when already married to Teddy Naluswa under the Marriage Act. On the other hand, Makula is charged with contracting marriage with Bujjingo well aware that he is legally married to another woman.
Bujjingo and Naluswa got married on December 20, 2003 certificate number 376 at Victory Christian Centre. However, without a formal dissolution of their marriage, he allegedly married Makula under customary law on December 7, 2021, in Kawuku, Katabi town council in Wakiso district.
Last week, the Director of Public Prosecutions-DPP made a U-Turn and declared interest in prosecuting Bujjingo and Makula.
On Monday, Mabirizi filed a case at the Court challenging DPP’s decision to take over the criminal case against Bujjingo at the Entebbe Magistrates Court.
Mabirizi and Rutaro now argue that DPP’s decision is null and void and that it contravenes the Magistrates’ Courts Act, as well as sections of the 1995 Constitution. Speaking to Journalists at the High Court in Kampala on Monday, Mabirizi accused the DPP of being ‘unserious’ and only interested in taking over and ‘killing’ his cases. He now wants a judicial review from the High Court to quash the DPP’s decision.
He cited previous cases where he is challenging Robert Kyagulanyi Ssentamu, the former Presidential candidate at Wakiso, Buganda Road, LDC, and Nakawa Courts over academic qualifications and age discrepancies which the DPP took over but meddled the proceedings.
The House of Prayer Ministries Pastor entered into a marriage contract with Naluswa on December 20, 2003, at Victory Christian Centre, and without its formal dissolution, he allegedly married Makula under customary law on December 7, 2021, in Kawuku, Wakiso district.
It is against this background that Mabirizi and Robert Rutaro Muhairwe instituted private prosecution proceedings against Bujjingo and Makula in court after their alleged traditional marriage ceremony. In December 2021, Entebbe Grade One Magistrate Stella Okwong Paculal consolidated the two private prosecution cases and charged Bujjingo on two counts, and Makula on one count.