Trial of MPs Ssewanyana, Ssegirinya temporarily halted pending Constitutional Court decision

The High Court’s International Crimes Division in Kampala has temporarily suspended the trial of Allan Ssewanyana, the Member of Parliament for Makindye West, and his counterpart from Kawempe North, pending a verdict from the Constitutional Court.

The Constitutional Court is presently reviewing the legality of the ongoing trial. Both legislators, along with Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda, are facing charges of terrorism, murder, and attempted murder.

The charges stem from a series of brutal machete killings that took place in the greater Masaka district approximately two years ago. These incidents resulted in the tragic deaths of over 20 individuals and inflicted injuries upon numerous others.

The accused individuals initially faced these charges within the International Crimes Division of the High Court. Subsequently, additional murder charges were brought against the MPs, leading to the division of their legal cases. One of the case files was directed towards trial in the Masaka High Court.

In a recent pre-trial hearing convened before Judge Alice Komuhangi Khaukha, the accused individuals were present except for Ssegirinya, who was reported to be in Kenya seeking specialized medical treatment in Germany. Ssegirinya’s absence was explained by his lawyer, Musa Matovu, who submitted documentation including a court order from the Masaka High Court permitting Ssegirinya’s travel, as well as a copy of his visa.

The Prosecution, led by State Attorney Joseph Kyomuhendo, informed the Court that the pre-trial hearing could not proceed due to the fact that Ssegirinya and Ssewanyana had lodged a petition with the constitutional court, challenging the rejection of their plea to consolidate their two separate case files—one in Masaka and the other within the ICD Court. Furthermore, the MPs had also submitted an application for a suspension of proceedings until the resolution of the constitutional petition.

The application’s significance was underscored by Kyomuhendo, resulting in the request for an adjournment until August 28th, 2023. The legal representatives for the other accused individuals, Geoffrey Turyamusiima and Nicholas Ssenkumi, did not raise objections to the proposed adjournment.

Earlier, in February 2023, Ssegirinya and Ssewanyana had petitioned the Constitutional Court, contending that their separate trials within distinct courts amounted to an abuse of legal proceedings and were indicative of political persecution.

Concurrently, an application was submitted within the International Crimes Division, seeking a suspension of their trial until the resolution of the Constitutional petition.

The legislators argued that their effort to combine the cases was dismissed, and they criticized the Director of Public Prosecutions (DPP) for lacking progress in initiating the trial. They voiced concerns regarding the DPP’s actions, alleging inconsistencies and a violation of the Constitution, prompting them to file a constitutional petition.

The legislators’ objective is to halt the proceedings at the preliminary phase, out of concerns that injustices could potentially occur prior to the resolution of their constitutional petition.

The Prosecution highlighted the necessity of addressing these matters before advancing the case further. MP Ssewanyana, who is also dealing with health issues, expressed his well-wishes for Ssegirinya’s swift recovery, underscoring their mutual desire to demonstrate their innocence.