The Director of Public Prosecutions has on Tuesday October 15 told the High Court that the Kampala Lord Mayor Elias Lukwago should either go to prison for 2 years or forfeits UGX50 million in court after a suspect he stood surety for went missing.
Prosecution led by Mr Jonathan Muwaganya, told the court that Lukwago has no powers to petition the High court contesting the ruling of Buganda road court chief magistrate Miriam Okello to pay the Shs50 million but rather go back to the same court and explain his inability to produce the suspect; Sandra Ngabo Katabairwa.
Muwaganya has explained that on several occasions, Lukwago has ignored court requests to appear in person and explain to the magistrate why he has failed to execute his duties as security to compel the suspect to attend court as and when she is required but instead he decides to rush to Highcourt to stay the said ruling.
Lukwago in his application stated that it was unfair for court to order him to produce Ms Katebareirwe in his capacity as a surety within six months or forfeit Shs50m to government yet court did not inquire from him whether he would continue standing surety for the accused and monitor her while she was out of the country before it released the passport to her to travel abroad.
“As a practicing advocate, I believe that the Chief Magistrate exercised jurisdiction vested in her illegally when court proceeded to release the accused’s passport to enable her travel abroad without my knowledge as one of the persons who stood surety for the accused person,” Mr Lukwago stated in his application before court.
He stated that the Chief Magistrate ought to have notified him before releasing the accused person’s passport and inquire from me him whether he was ready to continue standing surety for the accused person under the revised bail conditions or terms
In 2017 Lukwago stood surety for Katabairwa the wife to then renowned FDC pastor David Ngabo who is charged before Buganda Road Court with obtaining money by false pretense, forgery and presenting false documents.
The prosecution alleges that Katebareirwe on July 8, 2016, at Rwenzori Towers in Kampala with others still at large, defrauded Wu-WeiLing of Mama Mia Investments of $68,530 (Shs251m) under the pretense that she would rent him space at Imperial Botanical Shopping Mall in Kampala.
She denied the charges and was granted bail but was ordered to deposit her passport in court.
