Attorney General Declines to Give Bukenya Cabinet minutes.

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In short
The Attorney General has declined to give the former Vice President Gilbert Bukenya, minutes of the CHOGM cabinet sub committee meetings. Last month, Bukenya was dragged to the anti corruption court for his role in the mismanagement of the CHOGM funds.

The Attorney General has declined to give the former Vice President Gilbert Bukenya, minutes of the CHOGM cabinet sub committee meetings. Last month, Bukenya was dragged to the anti corruption court for his role in the mismanagement of the CHOGM funds.
 
 
Bukenya petitioned the constitutional court staying his prosecution saying that he acted on behalf of the president when he chaired the CHOGM cabinet sub committee. In his affidavit Bukenya contends that his trial contravenes the Constitution, because the Office of the Vice President derives its mandate from that of the President.
 

Bukenya notes that since he was assigned by the president to oversee preparations for the summit, it follows that he is protected from prosecution for actions done in an official capacity under Article 98(5) of the Constitution.  Last week his lawyers demanded for minutes of cabinet before the hearing can proceed.
 
 
Today, Henry Oluka,the Principal state prosecutor told court that the documents are subject to confidentiality and shall be given to Bukenya at the appropriate time which was supported by the judges. Bukenya’s lawyer, Ben Wacha told court that he would be comfortable if whatever is in the document is covered since there is no single evidence by the Inspector General of Government indicating that Bukenya ordering people on what to do.
 
 
 
He adds that the IGG is also planning to use the CHOGM cabinet minutes to support his case while Bukenya also needs it to defend himself. The former VP is also seeking an amendment of his petition on grounds that the acting Inspector General of Government Raphael Baku does not have the powers to prosecute him. His lawyer Mcdusman Kabega argues that an acting Inspector General of Government can not investigate or recommend for Bukenya’s prosecution before being confirmed as IGG.
 
They also want court to rule on the act of Baku carrying out selective prosecution against Bukenya which is contrary to article 21 of the constitution. The Act provides for non discriminative prosecution. Kabega argues that under Article 108 of the constitution the Vice President shall take oath as that of the President and therefore shall enjoy the same immunity.
 
The Principal state attorney Henry Oluka submitted to court that Article 98 of the Constitution provides exclusiveness whose effect only applies to one person who is the President and it does not confer the status of the President on any one else.
 
Oluka told court that Article 223 of the constitution provides for the creation of the office of the IGG, therefore the act of Baku signing a charge sheet that may come to him in execution of his duties as IGG is constitutional.
 
On selective prosecution Oluka says Bukenya is not being discriminated in relation to his sex, race, colour, ethnic origin, tribe, birth creed or political opinion but his prosecution is at the discretion of the IGG. He adds that there is no immunity for any other person other than the president in the country since the authority is vested on the person of the President and not the Vice President.
 
The court will rule on the petition on notice.
 
Bukenya notes that since he had been assigned by the president to oversee preparations for the summit, it follows that he is protected from prosecution for actions done in an official capacity under Article 98(5) of the Constitution.  Last week Bukenya’s lawyers demanded that they be availed with the cabinet minutes before the petition hearing can proceed.
 
However the Principal state prosecutor Henry Oluka today told court that the documents are subject to confidentiality and shall be given to Bukenya at the appropriate time which was supported by the judges.
 
Bukenya is represented by Ben Wacha and MacDusman Kabega. Wacha told court that he would be comfortable if whatever is in the document is covered since there is no single evidence by the Inspector General of Government that Bukenya is quoted to have told anyone to do this or that. He adds that the IGG is also planning to use the chogm cabinet minutes to support his case while Bukenya also needs it to defend himself.
 

The former VP is also seeking an amendment of his petition on grounds that the acting Inspector General of Government Raphael Baku does not have the powers to prosecute him. Kabega argues that an acting IGG can not investigate or recommend for Bukenya’s prosecution before being confirmed as IGG.
 
They also want court to rule on the act of Baku carrying out selective prosecution against Bukenya which is contrary to article 21 of the constitution. The Act provides for non discriminative prosecution. Kabega argues that under Article 108 of the constitution the Vice President shall take oath as that of the President and therefore shall enjoy the same immunity.
 
The Principal state attorney Henry Oluka submitted to court argues that Article 98 of the Constitution provides exclusiveness whose effect only applies to one person who is the President and it does not confer the status of the President on any one else.
 
Oluka told court that Article 223 of the constitution provides for the creation of the office of the IGG, therefore the act of Baku signing a charge sheet that may come to him in execution of his duties as IGG is constitutional.
 
On selective prosecution Oluka says Bukenya is not being discriminated in relation to his sex, race, colour, ethnic origin, tribe, birth creed or political opinion but his prosecution is at the discretion of the IGG. He adds that there is no immunity for any other person other than the president in the country since the authority is vested on the person of the President and not the Vice President.
 
The court will rule on the petition on notice.