Mabirizi Escalates Courtroom War, Sues Magistrate and Prosecutor

By skika Reporter

Detained Kampala lawyer Hassan Male Mabirizi has escalated his legal battle by filing fresh suits against the magistrate and state prosecutor handling his case, as his continued remand stretches beyond two months.

Mabirizi, who is currently held at Luzira Prison, is seeking unconditional release, arguing that his prolonged detention without trial violates constitutional guarantees on timely prosecution.

He says he has been on remand for more than 60 days since his arrest on February 3, 2026, without the commencement of trial proceedings.

New Legal Offensive

The lawyer is facing charges before Buganda Road Court over alleged insulting and abusive statements directed at Deputy Chief Justice Flavian Zeija and Court of Appeal judge Musa Ssekaana.

During the latest court session presided over by Magistrate Ritah Neumbe Kidasa, proceedings stalled after a ruling on Mabirizi’s application seeking her recusal failed to materialise.

The prosecution, led by Richard Birivumbika, told court it had received Mabirizi’s submissions late and requested additional time to respond—a request that was granted.

In a dramatic twist, Mabirizi informed the court that he had filed separate lawsuits against both Magistrate Kidasa and Prosecutor Birivumbika in their personal capacities. He argues that their continued involvement in the case creates a conflict of interest and undermines the fairness of proceedings.

Claims of Bias and Delay

Mabirizi further contends that Birivumbika had previously prosecuted him under the Computer Misuse Act in a case later nullified by the Constitutional Court, raising concerns about prosecutorial impartiality.

Since his detention, Mabirizi is reported to have filed at least seven applications challenging various aspects of the case, including the legality of the charges and the conduct of judicial officers.

The prosecution has consistently opposed his release.

Court Adjourns Matter

On the application for unconditional release, Magistrate Kidasa ruled that she could not proceed before determining the recusal application, emphasizing the need to follow procedural order.

The case was adjourned to April 29, 2026, with Mabirizi returned to Luzira Prison pending the next hearing.

Wider Legal Debate

The case continues to draw attention within legal and civil society circles, sparking broader debate on the right to a speedy trial, judicial impartiality, and the use of prolonged remand in Uganda’s criminal justice system.