Democratic Party-DP is to appeal the ruling by the Nakawa Chief Magistrate in a case against General Aronda Nyakairima, the Chief of Defense Forces. Recently, DP through the Luweero District Woman MP dragged Aronda to court for alleged treason.
It came after the CDF was quoted in the media warning that army could take over the country if the tension between the executive and politicians continues.
However, the case was thrown out by Joyce Kabagye, the Nakawa Chief magistrate. In her ruling Kabagye noted that the charge sheet, complaint on oath and the criminal summons issued for the CDF were incompetent.
She added that the trial by private prosecution is supposed to be instituted in the area where the accused person resides unlike in criminal matters which requires that a person is charged where the crime was committed.
The Magistrate also stated that the complaint should have been accompanied by a letter from the local village chief. She also explained that her court did not have the jurisdiction to hear cases of treason.
Now, DP resolved to appeal the ruling in the high court. Kenneth Kakanda the DP spokesperson says their lawyers have discussed and resolved to appeal against the four grounds on which Kabagye dismissed the case.
The DP also argues that the power to try all criminal cases commences with the Magistrate’s court and when the Magistrate does not have powers to try the case, they can conduct committal proceedings.
Kakande also argues that Mbuya army headquarters where Gen. Aronda made the comments is just a stone’s throw away and within her jurisdiction.