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Harassing the president: Court orders immediate release of Stella Nyanzi

Dr Stella Nyanzi and the Leader of Opposition, Betty Ocan Aol display a Book titled

Dr Stella Nyanzi and the Leader of Opposition, Betty Ocan Aol display a Book titled "No Roses from My Mouth", which Nyanzi wrote while in prison

The High court has quashed the conviction and the 18-month sentence that was handed to Dr Stella Nyanzi by Buganda Road court magistrate Gladys Kamasanyu last year in August.

Kamasanyu convicted and sentenced Nyanzi of cyber harassment after she published a birthday poem on September 16, 2016 for President Yoweri Museveni's 74th birthday. Prosecution sued Nyanzi claiming the poem was too vulgar and ridiculed the person of the president. 

But now, Justice Henry Peter Adonyo has ordered for the immediate release of Nyanzi, saying the Buganda Road Magistrate's court had no jurisdiction to entertain the matter.

Justice Adonyo also noted that the lower court violated Nyanzi’s constitutional right to a fair hearing. The poem in question reportedly ridiculed Esteeri Kokundeka, the late mother of President Museveni.

In December last year, the High court also awarded Shs 50 million to the Makerere University researcher for the violation of her rights by the government when it blocked her from boarding the plane in 2017.

The Shs 50m award stemmed from an application challenging the infringement of her fundamental human right when the government secretly placed her name on a “no-fly list” and confiscated her passport. 

Nyanzi was blocked from leaving the country on March 19, 2017, to attend a scholarly conference in Amsterdam. By the time of the action, Nyanzi had already checked in at Entebbe International airport, but she could not get clearance from the immigration desk.

During the time police said it was investigating a possible case of offensive communication and cyber harassment against Nyanzi and she was required to assist police investigations, according to a letter from the Makerere University vice chancellor.

In a subsequent complaint to Joseph Obwona, the deputy director of the Criminal Investigations Department, Nyanzi indicated that her passport and boarding passes had been confiscated making her unable to travel. She demanded in vain to be removed from the no-fly list prompting her to run to court for redress.

Comments

+5 #1 Wooden K. 2020-02-20 15:36
Amen Amen Amen !!

Every situation , however bad , creates its own heros.
Justice Peter Odonyo is the hero of the day. He has reminded us that not everybody is a fool

Of course the language that Justice Odonyo used here is not the real reason behing his conclusions.

The TRUTH is that no sensible Judge can send anyboby to prison for that long because "they harrassed & annoyed" . Not In Uganda anyway where the Ruler had to spill blood in order to capture power.

We Ugandans are Daily harrassed and annoyed by Museveni unhealty lust and appetite for power .. but we do not SUE him

Dr. Stella Nyanzi is out of jail but she will never be free until her jailors go away
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+2 #2 WADADA rogers 2020-02-20 21:40
Poor lady has suffered in prison in vain, problem is that there are no costs involved unless one sues for malicious prosecution
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0 #3 WADADA rogers 2020-02-20 21:52
I loved the reasoning of the leaned judge who noted that the right to a fair hearing is non-derogable under Article 28(3) of the Constitution and it was also wrong for the magistrate not to compel expert witnesses Nyanzi wanted to testify in the matter to appear in court since a fair hearing must manifest the accused’s right to legal representation, compulsory attendance of necessary witnesses and reasonable time to the parties.

The judge pointed out that it was wrong for the magistrate to convict Nyanzi basing on feebler evidence, which he said resulted from half-baked investigations.
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0 #4 kirya 2020-02-21 00:23
The good news out of this the judges are waking up and
are looking at the laws as they are written.

It is a good start as there is light shining bright on the dark days of the dictator. Maybe the change is on the way.
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-3 #5 Wainanchi 2020-02-21 01:58
said before that Uganda laws and justice auck
Instead of punishing criminals they are releasing 5hem on Bond and letting them free with no proper sentencing.

Uganda change laws supito!
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+3 #6 Lakwena 2020-02-21 08:00
Quoting Wainanchi:
said before that Uganda laws and justice auck
Instead of punishing criminals they are releasing 5hem on Bond and letting them free with no proper sentencing.

Uganda change laws supito!


But Wainainchi, you and our "Africa's Problem", Mr. M7 are the criminals who should have been hanged at sunrise long time ago.

In other words, your crime was the 20-year (1981-2005 and Nov 2016) "organized mass murder in Luweero, Northern Uganda Teso and Kasese in order to be in our State House.
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+2 #7 Lysol 2020-02-21 21:41
If any president would sue for being harassed, Trump would go to court everyday and put many people in jail.

They say if you cannot stand the heat, stay out of the kitchen. They will always "harass" Museveni until he is out of power. If he can not handle the heat. like many of you at this forum, just go away.

This world is run by the courageous and not the cowards and faint hearted individuals. In these days of the social media, anything goes. It represents the voices of the voiceless and the oppressed.
Congrats Stella.Keep the struggle up.
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0 #8 Wainanchi 2020-02-23 05:08
I can bet that the fat bitch will return to Luzira and stay there.That is the proper place for fat cow and snitch!
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0 #9 Wainanchi 2020-02-23 11:25
@Lakwena..
You know me,I know you! Do not always try to confront me and contradict me!

NRM and its president are traditionally backed by the huge majority of Ugandans.

Thst is where I belong.You belong to the small minority like bitch Stella Nyanzi,Dog Bobi Dingo,big eyed Kizza ezza....you are no comparison.

Write all the nonsense and foolishness you want and we shall beat you and that evil minority with words and facts.and prevail.Uganda guarantees freedom of expression and also you Bla bla nonsense..
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