The International Crimes Division of the High Court has dismissed an application in which jailed Members of Parliament Muhammad Ssegirinya and Allan Ssewanyana wanted two criminal files of charges against them consolidated.
Lady Justice Alice Komuhangi Khauka on Wednesday dismissed the application on grounds that consolidation of criminal cases is alien and doesn’t exist in the procedure of criminal matters and laws in Uganda, save for civil matters.
On November 21, 2021, Masaka Chief Magistrate’s court committed the MPs together with Jackson Kanyike, John Mugerwa, Bull Wamala, Mike Sserwadda, and Jude Muwonge to face trial in the International Crimes Division on a string of charges including murder, attempted murder, aiding, and abetting terrorism.
The charges stem from their alleged involvement in the Masaka machete killings which occurred between March and June 2021 and claimed more than 20 people before leaving scores injured.
But as these charges were pending committal, the MPs were granted bail on September 21st, 2021 pending their trial.
However, MPs were arrested on separate occasions and charged with murdering Joseph Bwanika, a resident of Kingo Sub-county in Lwengo District eight days later.
As a result, the Masaka file containing terrorism charges was separated from the Lwengo file of murder, and all the seven suspects in the terrorism committed to the International Crimes Division were to face trial.
But the Lwengo file where the MPs are charged with Wilson Ssenyonga was instead committed to the Masaka High Court for trial where it is still pending.
Last week when the file containing terrorism charges was before the court, lawyers representing the MPs asked Court to consolidate the files to avoid abuse of the Court process.
The lawyers further informed Court that the charges have a common theme, set of circumstances, and common questions of the law and fact which can be conclusively determined by one Court.
But in response to the application, the prosecution led by Richard Birivumbuka and Joseph Kyomuhendo opposed the case and raised a preliminary point of law seeking dismissal of the application.
The prosecutors relied on an affidavit of Thomas Jatiko the Assistant Director of Public Prosecutions who argued that the two files are totally different with different questions of the law and fact and cannot be determined by the ICD court.