DPP advances three grounds against Mbowe, Matiko appeal

The Director of Public Prosecutions (DPP) has advanced three grounds to oppose refusal by High Court to dismiss the appeal presented by Chadema National Chairman Freeman Mbowe and Tarime Urban Member of Parliament (MP) Ester Matiko on bail cancellation. 

In a memorandum of appeal lodged at the Court of Appeal recently, the DPP states that the High Court erred in law and facts by scheduling and calling for hearing the appeal by the two senior officials with the opposition party in contravention of section 362(1) of Criminal Procedures Act (CPA).

The DPP states that the High Court actuated with bias and erred in law and facts by compelling the prosecution to proceed with hearing the appeal against the law. According to the memorandum of appeal, the High Court further erred by not affording the prosecution sufficient right to be heard.

On November 23, 2018, the Kisutu Resident Magistrates’ Court ordered Mbowe and Matiko to be remanded after cancelling their bails in the sedition criminal case they are facing after finding them contemptuous of violating bail conditions, including failing to attend court sessions as required.

Immediately thereafter on the same day, defence Counsel Peter Kibatala hurriedly filed an appeal to the High Court to oppose such court action. However, when was called on for hearing, the appeal was greeted with a set of preliminary objections presented by the prosecution.

The grounds of objections were with the effect that the appeal was incompetent for want of proper notice of appeal, complete records and incompetent grounds of appeal.