Chief Magistrate, Ms Pamella Lamunu of the Anti-Corruption Court has dismissed an application by Mubarak Munyagwa that sought to block his trial on grounds that the Director of Public Prosecutions (DPP) had no right to institute such offences against him when the complainant lost interest.
This essentially means that COSASE Chair Mr Mubarak Munyagwa will have to answer for the corruption charges against him.
Ms Lamunu concurred with the DPP that criminal offences are committed against the State and not individuals, adding that the DPP is not moved by a letter written to him by the complainant Francis Kakumba, expressing loss of interest in the pending criminal matter. Court has now ordered Mr Munyagwa to plea on November 4.
According to the charge sheet before the Anti-Corruption Court, Mr Munyagwa is facing three corruption charges.
Undercount one of corruption, prosecution states that in the month of December 2014 at Haks Investment Limited, being a Mayor Kawempe Division, Mr Munyagwa solicited for a gratification of Shs100m from Mr Francis Kakumba in exchange for him to exert improper influence over Kawempe Division Urban Council to nominate Muyanja Isaac ( S/O Francis Kavuma) for appointment as a member of Kampala City Land Board representing Kawempe Division.
In count two which is also corruption, Mr Munyagwa in the same year is also accused of receiving the gratification of $ 20000 an evaluate of about Shs73million from Mr Kakumba in exchange for him to exert improper influence over Kawempe Division Urban Council to nominate Isaac Muyanja (S/O Kakumba).
“In light of the withdrawal by the complainant, I through my lawyers of Lukwago & Co. Advocates wrote a letter dated February 20, 2019, requesting DPP to invoke his powers under Article 120 of the constitution to discontinue the said charges against me but all in vain,” Mr Munyagwa says
Mr Munyagwa asserts that on the face of the charge sheets, grave inconsistencies are exhibited and that the act of the DPP to continue prosecuting him is basing on the same is in bad faith.