The trial of Allan Ssewanyana, a member of parliament for Makindye West, and his counterpart Ssegirinya from Kawempe North has been postponed by the International Crimes Division of the High Court in Kampala until the Constitutional Court rules on the trial’s validity.
Along with Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda, the two lawmakers are accused of terrorism, attempted murder, and murder.
The accusations are connected to the spate of murders with machetes that took place in the larger Masaka neighbourhood two years ago, killing more than 20 people and injuring dozens more.
The MPs were hit with extra murder charges, which caused the prosecution to divide their files while the gang was prosecuted in the International Crimes Division of the High Court on these charges. One of the papers was submitted to the Masaka High Court for trial.
At a pre-trial hearing on Monday, the defendants appeared before Judge Alice Komuhangi Khaukha. Ssegirinya, however, was not present; his attorney, Musa Matovu, gave an explanation that he was in Kenya and intended to receive specialized care in Germany.
A court ruling from the Masaka High Court authorizing Ssegirinya’s journey as well as a copy of his visa were among the proofs offered by Matovu.
State Attorney Joseph Kyomuhendo, who is leading the prosecution, informed the court that the pretrial hearing could not go forward because Ssegirinya and Ssewanyana had filed a petition in the constitutional court contesting the denial of their request to combine the two case files—one in Masaka and the other before the ICD Court—and that their request had been denied.
The MPs also submitted a request for a delay of the proceedings until the conclusion of the constitutional petition.
The importance of this application was highlighted by Kyomuhendo, who then asked for a postponement until August 28th, 2023.
The other accused individuals’ attorneys, Geoffrey Turymusiima and Nicholas Ssenkumi, did not raise any objections to the adjournment.
Ssegirinya and Ssewanyana filed a petition with the Constitutional Court in February 2023, claiming that their separate trials in various tribunals constituted an abuse of the legal system and political persecution.
Additionally, they submitted a request to the International Crimes Division asking that their trial be suspended until the outcome of the constitutional petition.
The lawmakers asserted that the Director of Public Prosecutions (DPP) had not made any progress in starting the trial and that their request to merge the charges had been denied. They filed a constitutional petition after expressing worry about the DPP’s conduct and claiming it was contradictory and against the Constitution.
The legislators want to stop the lawsuit while it is still in the beginning stages because they are concerned about potential injustices before the outcome of their constitutional petition.
Before moving forward with the case, the prosecution advised the court that these issues needed to be rectified.
Ssegirinya’s MP, Ssewanyana, who is also ailing, sent his best wishes for a speedy recovery while stressing the importance of them demonstrating their innocence.
