Criminal division of High court recalls Dr. Stella Nyanzi case file from Buganda Road Chief Magistrate’s court after an appeal by her lawyers.
Dr. Stella Nyanzi was charged with cyber harrasment and offensive communication after referring to President Museveni as a pair of buttocks but deputy registrar of the High court, Eleanor Khainza, recalled the file after Nyanzi’s lawyer Isaac Kimaze Semakadde wrote asking her to revise the case.
Semakadde accuses Buganda Road court chief magistrate James Ereemye Mawanda of siding with the state to refuse to hear Nyanzi’s bail application.
The Observer quoted Nyanzi’s lawyer saying; “In effect, the learned chief magistrate [Mwanda] has thrown into indefinite limbo a bundle of our client’s constitutionally guaranteed rights to liberty, presumption of innocence, presumption of sanity and a fair and speedy hearing before the determination of her civil rights.”
Ssemakadde said Mawanda failed to uphold “the very important duties cast on him as a judicial officer” by articles 20(2) and 274 of the Constitution, as well as Section 113(3) of the Magistrate’s Courts Act.
Nyanzi’s case
In her social media posts, often couched in graphic language, Dr Nyanzi has called out Mr Museveni for, among others, presiding over widespread corruption, human rights abuse, alleged extra-judicial killings, a failing public health care sector, electoral fraud, misplaced government priorities and a deliberate impoverishment of Ugandans.
She was picked up by unidentified people on the night of April 7 at Mackinon Suites in Nakasero moments after addressing members of the Rotary Club of Kampala Metropolitan. Turning up in police custody hours later, she was on April 10 charged with cyber harassment and offensive communication when she allegedly insulted the President and violated his right to privacy under the Computer Misuse Act of 2001.
The crimes included allegedly referring to President Museveni as “a pair of buttocks”.
She was remanded in Luzira prison until April 25 after the State prosecutor sought a court order for her to be subjected to mental evaluation. Her lawyers have protested that this is an attempt to embarrass their client by forcefully committing her to a mental institution.
