{UAH} BOBI WINE, RESPECTING BISIYAGA HAS MADE YOU A CRIMINAL SUSPECT IN UGANDA.- MALE MABIRIZI KIWANUKA

Frank Mujabi/ Alan Barigye,

Here is Mr Male launching yet another litigation, this time against Mr Bob Wine, whom he calls a criminal. I dont want to call Mr Male a vexatious litigant, but he sure has an appetite for litigation. He has kicked Mutebi's arse several times, calling for him to stand down, and has also locked horns with Mengo and Rwandan outlaw Rubatasirwa... I wonder who is next. and what his real motives are, apart from being notorious. Does Mr Male want to overthrow Mengo?

Bobby

Agelimittrek2arusha shared a post.

1 min

8/12/19
BOBI WINE, RESPECTING BISIYAGA HAS MADE YOU A CRIMINAL SUSPECT IN UGANDA.
1. Bobi Wine and fellow country people, amidst my tight schedule of preparing submissions for The Anti-Age Limit Removal case in The EAST AFRICAN COURT OF JUSTICE to which I am fundraising through mobile money numbers 0701881231(also on WhatsApp) /0779869880, I had to spare time to fulfill my Constitutional duty of promoting Rule of law.
2. It is the honour of this duty that prompted me file Constitutional Petition No. 28 of 2018 challenging charging you in the Military Tribunal and I am happy that I succeeded before the hearing when you were transferred to a Civil Court. To this duty, we need no money and praises except the public good that laws are respected.
3. As we strive for a better Uganda, at our centre must be the protection of Our Constitution, the laws, values and aspirations of this Country. Indeed, this is what our presidential oath as stated in The Fourth Schedule to our Constitution requires. Any elected president must take oath that "I, __ , swear in the name of the Almighty God/solemnly affirm that I shall faithfully exercise the functions of the President/Vice President of Uganda and shall uphold, preserve, protect and defend the Constitution and observe the laws of Uganda and that I shall promote the welfare of the people of Uganda. [So help me God.]". Mr. Bobi Wine, by declaring that you are aspiring to stand for presidency, you want to take that oath.
4. As a Member of Parliament, you took oath that "I, SSENTAMU ROBERT KYAGULANYI, swear in the name of the Almighty God that I will give faithful service to this Parliament and support and uphold the Constitution of the Republic of Uganda as by law established. [So help me God.]"
5. In both oaths, the person swearing undertakes to protect our constitution and by automatic implication our laws.
6. At the expense of repeating myself, in my 5/12/19 document titled "BOBI WINE, UGANDA HAS NO RESPECT FOR GAYS 'RIGHTS'." I was categorical that "Article 31(2a) of our Constitution provides that "Marriage between persons of the same sex is prohibited." After which section 145 of The Penal Code Act, Chapter 120 of the Laws of Uganda provides that "Unnatural offences.Any person who— (a) has carnal knowledge of any person against the order of nature; (b) has carnal knowledge of an animal; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life." Section 146 provides that "Attempt to commit unnatural offences.Any person who attempts to commit any of the offences specified in section 145 commits a felony and is liable to imprisonment for seven years."
7. Therefore, you are aware that your response to the question about your views on Basiyazi that came via Twitter while appearing during the interview on South African Broadcast Corporation(SABC) that you "believe that one has the responsibility of guarding the rights of all citizens of those who are like you and those that are not like you…as a leader, a high level of tolerance is required to make sure the nation comes together,", that although you might disapprove of what the Basiyaazi say or do you will defend their rights because according to you "all people are human beings and have their rights even when you don't agree with them," ARE WORDS IN SUPPORT OF CRIMES AND AGAINST OUR CONSTITUTION AND THE PENAL CODE ACT.
8. This document now tells you that THOSE WORDS HAVE MADE YOU A CRIMINAL SUSPECT.
9. In the first place, Bisiyaga is a felony and you have duty to prevent it hence your promotion of the same by claiming that Basiyazi have rights is contrary to SECTION 389 OF THE PENAL CODE ACT which provides that "Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion of the felony, commits a misdemeanour."
10. You are aware that Basiyazi are committing felonies and instead of helping Uganda Police to apprehend them to be taken to justice, you are claiming that they have rights.
11. It is also clear that your statements amount to CONSPIRACY TO COMMIT A FELONY of Bisiyaga contrary to SECTION 390 OF THE PENAL CODE ACT which provides that "Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Uganda would be a felony and which is an offence under the laws in force in the place where it is proposed to be done, commits a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment."
12. Therefore, speaking those felonious acts in South Africa does not save you because this law also captures situations like this one, where a citizen, a leader at that at the level of Member of Parliament, conspires with Basiyazi to do their felonies covering them as rights.
13. Bobi Wine, you are also AN ACCESSORY AFTER THE FACT OF BISIYAGA contrary to SECTION 393(1) OF OUR PENAL CODE ACT which provides that "A person who receives or assists another who is, to his or her knowledge, guilty of an offence, in order to enable him or her to escape punishment, becomes an accessory after the fact to the offence."
14. You are aware that Basiyazi are doing crimes in Uganda but you went ahead to receive them and cover them up as people enjoying their purported rights.
15. Bobi Wine, had the Bisiyaga law of 2014 not been annulled by The Constitutional Court then led by Controversial Justice Steven Kavuma, you would be now facing the offence of Promotion of homosexuality to which you would be liable, on conviction, to a fine of One Hundred Million Shillings or imprisonment of a minimum of five years and a maximum of seven years or both fine and imprisonment.
16. To your supporters who even ensured that Facebook terminates my Live Video on 6/12/2019 because of guiding you on this subject, let them not think that everything you say is refined Gold. Let them now that some things you say may equally not be refined diamond and may just be in the class of raw materials before any refinery process.
17. My final message to you and your team as well as supporters is contained in what The Kenyan majority Supreme Court Justices led by Chief Justice Maraga said in their 2017 decision annulling the Presidential elections that "….the greatness of a nation lies not in the might of its armies important as that is, not in the largeness of its economy, important as that is also. The greatness of a nation lies in its fidelity to the Constitution and strict adherence to the rule of law, and above all, the fear of God. The Rule of law ensures that society is governed on the basis of rules and not the might of force. It provides a framework for orderly and objective relationships between citizens in a country…this is underpinned by the Constitution." And that "[395]…the rule of law "is the heritage of all mankind" and "a salutary reminder that 'wherever law ends, tyranny begins…"History has shown (sadly, I might add) that even the best rulers have fallen prey to the cruel desires of naked power, and that reliance on the goodwill of politicians is often a risky act of good faith." The moment we ignore our Constitution the Kenyans fought for decades, we lose it."
18. I will remain 'TRANSPARENT, RESPONSIBLE, USEFUL, SENSIBLE & TRUTHFUL' even if the invitation to deviate from them comes from my family, clan, traditional leader, religious leader, opposition or government leader, etc.
MALE H. MABIRIZI K. KIWANUKA
LLB (HONS)-MUK (2012) & APPLICANT IN EAST AFRICAN COURT OF JUSTICE REFERENCE NO. 6 OF 2019.

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