Controversial novelist Kakwenza orders legal team to back off his offensive communication case
- FEATUREDLEGAL COLUMNNEWS
- March 25, 2023
- No Comment
By Our Reporter
Kampala: Renowned controversial novelist, Kakwenza Rukirabashaija has ordered his legal team to stop their legal representation on his famous case of offensive communication at Buganda road court.
In a letter dated March 17th, 2023, addressed to; M/S Kiiza & Mugisha Advocates M/S Cymbell Advocates and M/S Nalukoola, Kakeeto Advocates & Solicitors, Kakwenza said he appreciated all their legal representation which they have provided to him since 28th December, 2021. He however stated that when the state attempted to murder him, and later used the judiciary to harass him, he had to flee the country.
He reminded his lawyers that, they should also be aware that, on 10th January 2023, the Constitutional court declared the offense of offensive communication void in the constitutional case of Andrew Karamagi and Robert Shaka vs Attorney general.
Kakwenza further noted that prior to this based on Section 25 of the Computer Misuse Act, 2011 created ambiguous offenses that were preferred against him. He argued that, in pursuant to this judgement, he’s understanding is that any further proceedings in the aforementioned court would make them appear like acquiescent fainéants kowtowing to their incorrigible madness.
He asserts that, on at least two occasions, they brought the unconstitutionality of the charge of offensive communication to the attention of the court but the presiding Chief Magistrate defiantly declined to halt proceedings frozen by the constitutional court. Adding that such insubordination derives gumption from an invisible hand.
Kakwenza further alleges that he understands that other courts, as they should, are observing the said orders of the constitutional court. “I cannot understand why the Buganda Road Chief Magistrate’s Court continues to preside over and elongate my persecution and harassment on charges which are not provided for in the law,” the letter reads.
Kakwenza through the letter instructed them to immediately stop appearing in court for more proceedings and demand for his passport back. Meanwhile, his legal team has since notified the concerned judicial court in writing for their client’s demands to withdraw.
Wallnetnews has seen their withdrawal letter dated 21st March 2023 and already received by concerned parties.