Masaka Chief Magistrate, Samuel Munobe summoned Kasekende to appear today to defend himself against the accusations in vain. His lawyer, Timothy Rugayizi told court that his client didnt show up because he only received the summons on Wednesday yet he had official engagements.
The suit stems from the purchase of 2 acres of land belonging to Masaka Golf Course for the construction of the BOU currency center. However, Kibabilire who is backed by Masaka LC V Chairman, Jude Mbabaali as well as Uganda Golf Union, claims that Kasenkende didn't follow the laid down procedure to acquire the land contrary to section  1 of the Public procurement and Disposal of Public Assets Act 2003.
Masaka Chief Magistrate, Samuel Munobe summoned Kasekende to appear today to defend himself against the accusations in vain. His lawyer, Timothy Rugayizi told court that his client didn't show up because he only received the summons on Wednesday yet he had official engagements. At this point, Masaka Resident State Attorney, Shibba Byakutaaga asked court for some audience saying she had instructions from the Directorate of Public Prosecutions-DPP to take over the matter since it was criminal in nature.
She also said she had instructions to withdraw the matter since it was filed in bad faith. Byakutaaga cited article 120 of the Constitution of Uganda, which mandates the DPP to take over any matter. Kibabilire's lawyer, Fredrick Ssemwanga asked court not to give Byakutaaga audience until she presents a letter from the DPP allowing her to take over the matter.
He also argued that article 120 of the Constitution of Uganda gives the DPP powers to take over private prosecution and continue with the matter but not to withdraw it. Ssemwanga said the DPP shouldn't be allowed to take over the case since his only intention is to kill the matter, which is of public interest. He said that although the matter featured prominently in the local media, the DPP didn't pick any interest in it.
Ssemwanga warned that it would set a bad precedent should the DPP take over matter. He also asked court to issue an arrest warrant for Kasekende since his lawyer didn't present any evidence showing he was indeed served late. The Chief Magistrate, Samuel Munobe set January 24th to decide on the submissions from both parties.
Munobe said he needed time to give a fair hearing in this matter especially on the fact that DPP wants to take over the case.