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Makerere admission: DPP takes over Mabirizi's case against Kyagulanyi

DPP Jane Frances Abodo

DPP Jane Frances Abodo

The Director of Public Prosecutions (DPP) has taken over a case in which former presidential candidate Robert Kyagulanyi Ssentamu is accused of having fraudulently secured admission into Makerere University. The case was initially filed by lawyer Male Mabirizi as a private prosecutor.

Mabirizi petitioned the Law Developement Centre court to summon Kyagulanyi on allegations of having obtained false registration at Makerere University where he graduated with a diploma in Music, Dance and Drama (MDD), about 20 years ago.

He noted that Kyagulanyi, was on October 21, 2000, registered as a student of MDD on a mature age entry scheme, contrary to the Makerere University prospectus of 1999/2000-2000/2001, which required that one ought to be at least aged 25 or have completed formal education at least five years before enrolling under the mature entry scheme.

Kyagulanyi, born on February 12, 1980, was aged 20 at the time of his admission under the scheme, yet he had not been out of formal education for as many as five years. Mabirizi states that Kyagulanyi sat for the mature entry exams, a year after he had sat his A'level examinations, contrary to the rule that one must have gone at least five years without formal education.

He adds that the diploma that Kyagulanyi obtained from Makerere University at the time was through fraud or dishonourable conduct and therefore needed to be revoked in line with provisions of the Universities and Other Tertiary Institutions Act.

The court had earlier issued summonses requiring Kyagulanyi to appear before the Law Development Centre court in Kampala. But Kyagulanyi never showed up. Instead, he sent lawyers; Geoffrey Turyamusiima, Benjamin Katana and George Musisi who informed the court that he had not been served well with the summons.

Turyamusiima told the court that Kyagulanyi only learnt about the summons through social media platforms yesterday, yet the case could not proceed in his absence since it was a criminal matter.

However, LDC court grade one magistrate Augustine Alule observed that it was ridiculous and very difficult to believe that Kyagulanyi, who even managed to send lawyers to represent him in court, was never served.

At this moment, the LDC court resident state attorney Hannifa Kasana told the presiding magistrate that the DPP had instructed her to take over the matter and was subsequently going to forward the file to police for further investigations.

Kasana also tendered to court a formal letter dated October 6, 2021, to take over the proceedings and asked Mabirizi to furnish her with the evidence he has to enable police investigations. But Mabirizi objected to the takeover, saying that it was not acceptable in Kyagulanyi's absence.

But the magistrate ruled that the presence of Kyagulanyi's lawyers signifies that he was served and that he was adequately represented in the court. Turyamusiima also indicated that what the DPP has done is provided for under the law. The matter has adjourned to November 4, 2021, for mention.

Comments

+2 #1 rubangakene 2021-10-08 15:13
This is a very hopeless and vindictive case Indeed. You see in educational terms, the body and the brain "age" at different rate; the body could be "young" whereas the brain has already "advanced intelligently" or vice versa. (special needs).

This guy has done something some "old farts" have been trying to achieve for years; you must give him some kudos for it!
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+2 #2 Zaitun 2021-10-08 16:56
But who is the criminal in this case- the University for accepting his request, or the one who applied for higher education?

If he applied and the University administration accepted his request, where is the problem? In that case, Mabirizi should rather sue the University for accepting, according to him, an underaged candidate.

It is clear that the types of Mabirizi would like to see many Ugandans illiterate so that it is only their own children who get higher education.

Could it be that he was employed to destroy the life of a young and promising man fighting for the country?
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+1 #3 kasede 2021-10-08 22:36
Quoting rubangakene:
This is a very hopeless and vindictive case Indeed. You see in educational terms, the body and the brain "age" at different rate; the body could be "young" whereas the brain has already "advanced intelligently" or vice versa. (special needs).

This guy has done something some "old farts" have been trying to achieve for years; you must give him some kudos for it!


I am inclined to agree with you entirely. However, that is not the point of this law suit. The lawyer seams to want a well-stuffed envelop by removing Wine out of the political field for M7.

It is rumoured that he (the lawyer) has already handed over his evidence to government (speculatively) in exchange for the envelop.

IT IS A PITY TO SEE A BUGANDA VERSUS A MUGANDA WITH M7 BEEING THE ONLY & PRIMARY BENEFICIARY if he wins.
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0 #4 Lakwena 2021-10-11 09:51
Quoting kasede:
Quoting rubangakene:
This is a very hopeless and vindictive case Indeed. ... it!


I am inclined to agree with you entirely. However, that is not the point of this law suit. The lawyer seams to want a well-stuffed envelop by removing Wine out of the political field for M7.

It is rumoured that he (the lawyer) has already handed over his evidence to government (speculatively) in exchange for the envelop.

IT IS A PITY TO SEE A BUGANDA VERSUS A MUGANDA WITH M7 BEEING THE ONLY & PRIMARY BENEFICIARY if he wins.


But Kasede, Hon Kyagulanyi already has the undisputed minimum qualification (A Level Certificate) to stand for presidential candidate.

Therefore, whether or not (on technical ground) Kyagulanyi's Performing Arts Diploma is revoked; it will not bar him from contesting the presidency.in 2026.
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