Court Dismisses Nuisance Charges Against 14 FDC Katonga Faction Members Due to Lack of Witnesses

Buganda Road Chief Magistrate’s court has dismissed common nuisance charges against 14 members of the former opposition Forum for Democratic Change (FDC) Katonga faction.

The charges were dropped on Wednesday by chief magistrate Ronald Kayizzi after the prosecution repeatedly failed to produce witnesses during scheduled hearings.

Among the acquitted were Kira Municipality MP Ibrahim Ssemujju Nganda, Kampala deputy lord mayor Doreen Nyanjura, lawyer Wahab Musinguzi, legal assistant Eric Wasswa, businesswomen Phiona Kabayiza and Zalikah Mutesi, hawker Gilbert Nayebare, sales agent Innocent Turyahikayo, and student Beston Mutambi.

Also acquitted were former FDC mobilization head Ingrid Kamateneti Turinawe, FDC secretary general Harold Kaija, former Rukungiri Municipality MP Roland Mugume Kaginda, and Kabale Municipality MP Nicholas Kamara Thadeous.

The group had been arrested on August 5, 2024, while marching to the Kenyan High Commission in Kampala to protest the arrest of their party members in Kisumu, Kenya, in July 2024. They were accused of causing a public nuisance by allegedly being rowdy, blocking walkways, and inconveniencing the public.

During the hearing, defense lawyer Samuel Wanda requested a dismissal of the case, citing the prosecution’s failure to present witnesses since the accused took their plea in August 2024. The state had been granted several adjournments but failed to deliver witnesses, with the last extension expiring on January 22, 2025.

State attorney Ivan Kyazze apologized for the absence of witnesses, explaining:
“accused persons took plea on the 5th of August 2024, since then, no single witness has come to court to testify against them. On 4th of November 2024 court gave the state the last adjournment to produce their witnesses on 9th December 2024 but they did not. On 9th December 2024 the state prayed for the very last adjournment as they had no witnesses on that day which court granted and instructed them to bring witnesses on the 22nd January 2025 which is today.”

Magistrate Kayizzi agreed with the defense and dismissed the case under Section 119 of the Magistrates Court Act, citing excessive delays. He advised the state to reinstate the case if they were ready to proceed. As a result, all 14 individuals were acquitted unless facing other valid charges.

The arrests stemmed from the group’s march to the Kenyan High Commission, where they demanded answers regarding the detention of FDC members in Kisumu on terrorism charges. Those detained members were later granted bail.

FDC Chairman Ambassador Wasswa Biriggwa had written to the Kenyan High Commissioner condemning the arrests and demanding explanations, describing them as breaches of trust and sovereignty. He called on the Kenyan government to safeguard the rights of the detained leaders.

However, the dismissal of charges against Ssemujju and his group does not affect similar cases involving another group of seven individuals, including Ssemujju himself. This group is accused of obstructing Ssezibwa Road in Kampala on November 25, 2024, causing inconvenience to traffic.

The accused in this case include Ingrid Kamateneti Turinawe, Masurudin Basalirwa, Abdul Ssebyala Bukenya, Nobert Chaku, Faridah Nangonzi, and Hillary Atwongirwe. They were arrested while planning to march to the Kenyan High Commission in Kololo, protesting the detention of their colleagues, including Dr Kizza Besigye and Hajji Obeid Lutale.

Besigye and Lutale, who were arrested in Kenya, were remanded by a Kenyan Court Martial chaired by Brigadier Robert Freeman Mugabe. Their case is set to return on February 3, 2025.