The criminal summons are in respect to a private prosecution case filed by lawyer Male Mabirizi against Kyagulanyi who is accused of giving false information, obtaining registration by false pretence and uttering false documents contrary to the Penal Code Act
September 1, 2020, Wakiso Chief Magistrate, Esther Lydia Nakadama Mubiru, summoned Bobi Wine to appear before her court on September 16 (Wednesday) to answer charges of giving false information, obtaining registration by false pretense and uttering false documents.
The charges were opened against Kyagulanyi by lawyer Hassan Male Mabirizi, accusing him of lying to Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election.
Consequently, a court process server was instructed to serve the court summons to the presidential hopeful but in vain.
However, has since learnt that the process server has failed to get him for the purposes of physically serving him with the same documents as required under the law.
“The process server has failed to get Bobi Wine. He went to his National Unity Platform (NUP) party offices in Kamwokya but was blocked from accessing him. He made several calls to him but he declined to answer. He sent a WhatsApp message to him but he has never replied to date,” the source which preferred anonymity said.
In his application lodged at Wakiso Court on August 25, 2020, Mabirizi contends that Bobi Wine gave false information to the Wakiso district Electoral Commission (EC) returning officer about his age and academic credentials during the 2017 Kyadondo East parliamentary by-election, in which he emerged winner.
According to the charge sheet filed before the Wakiso chief magistrate’s court, Mabirizi accuses Bobi Wine of five counts of giving false information, obtaining registration by false pretence and uttering false documents contrary to the Penal Code Act.
“Kyagulanyi Ssentamu Robert on the 31st day of May 2017 at Wakiso district Electoral Commission returning officer’s office located at Wakiso, Wakiso town council at 9:56 am, you gave false information to the Electoral Commission returning officer for Wakiso district, a public officer that you were 35 years of age knowing that it was false and you thereby caused the returning officer to nominate you as a candidate for Kyaddondo East constituency Member of Parliament, a thing he/she ought not to have done had he known the truth,” the charge sheet prepared by Mabirizi.
The lawyer also accuses Kyagulanyi of giving false information to the Electoral Commission that he had completed the minimum formal education of Advanced Level standard knowing that it was false.
He also accuses Bobi Wine of uttering two false Uganda National Examination Board letters of verification of his results no.V0006678 and no.0006677.
Mabirizi argues that Bobi Wine’s UCE certificate is written in the names of Kyagulanyi Ssentamu R, which is different from Kyagulanyi Robert Ssentamu on his UACE certificate.
Mabirizi further argues that although Bobi Wine’s UCE certificate indicates that he sat ‘O’ level in 1996, he could not have sat ‘A’ level in March 1998, noting that it is practically impossible because it is a space of less than two years.
“On the 31stday of May 2017, you knowingly and fraudulently uttered a false document, to wit, a Uganda National Examinations Board letter of verification of results number V0006677 reference number EA/GEN/40 to the Electoral Commission returning officer for Wakiso district.”
“This is not practically possible because after sitting the exams at the end of 1996, he had to wait for results early 1997 and presentation of A-level results for March 1998 means he spent only one year in advanced level instead of the required two years which is not possible,” Mabirizi contends