Allan Ssewanyana and Muhammad Ssegirinya, have petitioned the High Court’s International Crimes Division to halt their trial for terrorism-related offenses while the court case challenging the validity of the allegations against them is being resolved.
With the further marking of exhibits of the evidence the Prosecutors intend to rely on to hold the MPs and four others accountable for the charges arising from machete killings that rocked the greater Masaka district in 2021, leaving more than 20 people dead and scores injured, the main case was anticipated to continue today.
As they had submitted a constitutional petition and a request to stay the pretrial hearing of the case, the MPs informed High Court Judge Alice Komuhangi Khaukha that they required guidance on how to proceed with the main case.
Although Richard Birivumbuka, the prosecutor leading the prosecution, was prepared to move on, the court learned that the accused were facing nearly identical proceedings in two separate courts—one each in Kampala and Masaka—with a nearly identical set of circumstances.
Male Mabirizi, an attorney, filed a similar application on the grounds that the charges’ division between two courts amounted to political persecution.
Evans Ochieng, the defense attorney, claimed that his clients had petitioned the Constitutional Court to put an end to the trial because they had been tortured while being re-arrested after being given bail, violating their human rights.
However, the other four defendants contested the adjournment through their attorney Wilbert Muhereza, arguing that since they had been imprisoned for one year and nine months without receiving bail, they were entitled to a quick trial. Further remanding the four—Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda—to Luzira Prison
The Judge set April 3, 2023, as the date for the case’s next hearing and ordered the parties to be present and reach a consensus on whether the two applications for a stay of proceedings should be heard jointly or separately.