The High Court Criminal Division presided over by the Honourable Justice Isaac Muwata has nullified the pleas entered by Patricia Kakwanza, Martha Nkwanza Katanga, Otai Charles, and Amanyire George at Nakawa Chief Magistrates Court.
The decision follows an application lodged at the High Court by the Director of Public Prosecutions challenging the actions of the Chief Magistrate of Nakawa for taking pleas from the aforementioned accused persons for offences of destroying evidence and being accessories after the fact of murder, all on a charge sheet that included a count of murder.
The accused persons were collectively charged on the same charge sheet as Katanga Molly, who faces a murder charge, Kakwanza Patricia and Nkwanzi Martha Katanga are charged with destroying evidence, while Otai Charles and Amanyire Charles are charged with being accessories after the fact of murder.
The application, supported by an affidavit sworn by Anna Kiiza, Chief State Attorney, raised a critical issue for the court’s consideration of whether the Magistrate had the jurisdiction to accept pleas on a charge sheet that included a count of murder.
The contention presented by the applicants was that the magistrate lacked jurisdiction to take pleas from Katanga Molly’s co-accused as they were collectively charged with Katanga Molly, who faced a capital offence beyond the Chief Magistrate’s jurisdiction.
The court determined that the count of murder defined the jurisdiction of the court that could handle the case.
Consequently, the Magistrate was obligated to inform the accused persons of his lack of jurisdiction to hear the case, advise them to take pleas or apply for bail in a competent court, and subsequently remand them.
The court concluded that the actions undertaken by the Chief Magistrate were irregular and legally void, emphasizing that he lacked the authority to take pleas on a charge sheet containing a murder count.
Only a court with jurisdiction over all counts in a charge sheet possesses the power to take pleas, conduct proceedings, and make decisions on the case or grant bail.
As a result, the court ruled that the learned Chief Magistrate lacked jurisdiction given the nature of the charges and, therefore, declared the entered pleas irregular and a nullity.
The application was handled by Samali Wakooli, Assistant DPP, Jonathan Muwaganya, and Anna Kiiza, Chief State Attorneys in the Office of the DPP.
