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.
Kyagulanyi is also accused of obtaining registration by false pretence as well as forging documents, contrary to sections 312 and 351 of the Penal Code Act.
“On the 31st day 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.”
Evidence
According to Mabirizi, being a male adult Ugandan of sound mind, lawyer by profession and a civically active Uganda who has been closely following the constitutional, human rights and rule of law trends in the country, he recently wrote to the Electoral Commission requesting for Kyagulanyi’s academic documents to satisfy his doubts over the matter over information that he was born in 1982 and sat A –level in 1998.
“The above was peculiar because to me, if the birth was true, it meant that he sat A-level at 16 years, O-level at 13 years, PLE at nine years and joined primary one at two years,”Mabirizi says in his affidavit.
He says that he was also availed with copies of documents including the Makererere University academic transcript and other documents from UNEB in Kyagulanyi’s names.
“Makerere University academic transcript reveals that the accused’s age differs from what he wrote in the nomination document as it shows that he was born on February 1980 yet the accused claimed to be 35 years as of May, 31st, 2017 meaning he was born in 1982,” Mabirizi says.
The lawyer has consequently asked the Wakiso Chief magistrate to issue an arrest warrant against Kyagulanyi so he can answer charges against him in the private prosecution case.
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