The Chief Magistrate, Mr. Ronald Kayizzi, has given Mr. Isaac Ssemakadde, president of the Uganda Law Society, another chance to appear and take a plea before the Buganda Road Chief Magistrate’s Court, lest he be arrested.
While issuing the ‘last’ summons on February 10, Mr. Kayizzi reasoned that he would give Mr. Ssemakadde a benefit of doubt in the interest of justice, as it was submitted through his lawyers that he had a bad cough the last time (January 31, 2025) he was required to appear and take plea but never showed up.
The lawyer is facing charges of indecent assault that were privately instituted by his colleagues in profession, Mr. Byamazima and Mr. Tonny Tumukunde, for allegedly insulting the Director of Public Prosecutions (DPP), Ms. Jane Frances Abodo.
He is now expected in court on February 24 without fail.
“I decline to issue a warrant of arrest as prayed for by the private prosecutors. I instead extend criminal summons for the accused to appear in this court on February 24, 2025, to personally take a plea. If he does not appear on that day, this court will have no alternative but to issue a warrant of arrest against him,” Mr. Kayizzi noted during the February 10 court proceedings.
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He went on to add, “There may be pending cases filed by the accused person in the High Court, but this Court has not received an order from the High Court staying proceedings in this case, and until such an order is issued by the High Court, this trial will proceed.”
On January 17, the court sanctioned criminal charges and issued criminal summons against Mr. Ssemakadde, requiring him to appear in court on January 31. However, he did not personally appear and was instead represented by his lawyers, prompting the private prosecutors to apply for a warrant of arrest against him.
Mr. Ssemakedde, through his lawyers led by Mr. Derrick Bazzekuketta, opposed the warrant of arrest, reasoning that he had appeared through his advocates pursuant to Article 28(3)(d) of the Constitution.
He further told the court that Mr. Ssemakedde has since filed High Court Revision Application No. 02 of 2025 and Miscellaneous Application No. 030 of 2025 arising therefrom, which are both pending hearings, and that these should be heard first.
In response, the private prosecutors led by Mr. Joshua Byamazima submitted that appearances in criminal matters must be in person and that counsel for the accused cannot take pleas on behalf of the accused person.
“An accused person under Article 28(5) of the Constitution cannot be prosecuted in his absence save under special circumstances stated in the said provision, which do not exist in this case, thus the court should issue a warrant of arrest against the accused,” Mr. Byamazima previously submitted.
The trial Chief Magistrate agreed with the private prosecutors that indeed an advocate cannot take a plea on behalf of an accused person, and thus the accused person should personally take a plea.
“Even where an advocate appears on behalf of the accused under Article 28(3)(d) of the Constitution, advocates cannot take a plea on behalf of the accused person, and therefore trial cannot commence. An accused person 6 on whose behalf counsel appears under Article 28 (3) (d) of the Constitution should at one point appear in court to plead to the charges. Therefore, Mr. Ssemakadde has to at one point appear personally to plead to the charges unless they are stayed by the High Court.” Mr. Kayizzi held.
Mr. Ssemakedde is required to appear in court to answer charges of insulting the modesty of a woman contrary to Section 115(3) of the Penal Code Act.
Two lawyers, Mr. Byamazima and Mr. Tonny Tumukunde, filed a complaint by way of private prosecution against Ssemakadde.
It is alleged in the charge sheet that Mr. Ssemakadde, on November 18, 2024, at the office of the People’s Front for Freedom (PFF), Katonga Village in Kampala District, with intent to insult the modesty of a woman, namely, Ms. Abodo, uttered words referring to her as “a vagina from Karamoja, a dead wood, a dimwit, and a shameless careerist,” intending that the said words should be heard by the said Lady Justice.
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