From the look of things, activist Stella Nyanzi is set to have a come-back to the courts of Law to battle against the state in what has popularly come to be known as “The Vagina case”

High Court in Kampala has set September 25, 2019, to begin the hearing of Dr Stella Nyanzi appeal against her conviction and sentence over cyber harassment.

The deputy registrar criminal division, Mary Ikit notified the appellant and the Director of Public Prosecutions (DPP). “Take notice that this appeal is fixed for mention on September 25, 2019, if no appearance is made on your behalf, by yourself or your pleader, to act for you, the case will be heard in your absence,” the notice read in part.

Nyanzi, a former Makerere University Research fellow, was in August sentenced to 18 months in jail for cyber harassment but acquitted of offensive communication.

Lady Justice Flavia Anglin Senoga, who also doubles as the deputy head of the Criminal Division will preside over the case.

However, the court will also perceive the state’s appeal against Nyanzi’s acquittal on the count of offensive communication on the same date.

Nyanzi’s appeal is based on ten grounds, and she wants the court to allow the appeal, quash her conviction and set aside or vary her sentence.

Through her lawyer Isaac Ssemakadde, Nyanzi argues that the learned trial magistrate in the lower court passed an illegal and disproportionate sentence.

She also asserts that the same court erred and entertained the case against her yet it had no jurisdiction.

“That the learned trial magistrate failed to properly evaluate the evidence on record and thus arrived at a wrong decision in convicting the appellant of cyber harassment,” reads the court document.

Prior to the appellant’s grounds of appeal, the state will entreaty basing on three grounds where it accuses the lower court to have failed to properly evaluate the evidence on record thereby arriving at a wrong conclusion by acquitting Nyanzi on offensive communication thus leading to miscarriage of justice.

 

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