In a court decision on Monday, September 25, 2023, lawmakers Allan Ssewanyana and Muhammad Ssegirinya were unsuccessful in their attempt to pause their ongoing pre-trial sessions until their constitutional petition is resolved.
The two Members of Parliament, representing Makindye West and Kawempe North respectively, had questioned the legality of the International Crimes Division (ICD) of the High Court’s decision concerning witness protection. Their legal team sought clarification from the Constitutional Court on whether certain court rules conflicted with specific articles of the constitution.
However, Justice Alice Komuhangi Khakha of the International Crimes Division of the High Court ruled that the pre-trial sessions against the MPs would proceed as scheduled. She advised the MPs to seek a stay of the proceedings from the Constitutional Court if they wished to pursue their concerns further.
Justice Khakha stated, “I find that having disallowed the MPs’ application for constitutional reference of the same questions which are currently before the Constitutional Court because the application lacked merit. This court cannot again stay its own proceedings pending the Constitutional Court decision on the same matter. It would be a grave contradiction.”
The two MPs, along with four others, are facing charges related to murder, attempted murder, terrorism, and aiding and abetting terrorism. They are currently in the pre-trial phase at the ICD of the High Court. Additionally, they have been indicted for murder in a separate case currently before the Masaka High Court.
Justice Khakha also pointed out that considering the convenience of the applicants (MPs) without regard to the overall case could inconvenience the other accused persons who are still in custody. She noted that the case against the MPs is still in its early pre-trial stages, and the court has not yet determined whether there is enough evidence to establish substantial grounds for the charges.
Following the ruling, Muhammad Ssegirinya apologized to the court for missing two previous sessions, explaining that he had been abroad for medical treatment. He mentioned health issues such as skin cancer, hypertension, and lung infection, and revealed that he was under monitoring with plans to return for a review on October 10.
Justice Khakha adjourned the case to October 24 for mention.
