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The Chief Magistrates’ Court at Buganda Road dismissed Criminal Case No. 77 of 2024 against three pro-democracy actors who had been arrested and charged with the offense of common nuisance contrary to Section 148(1) of the Penal Code Act. The dismissal was based on the fact that the prosecution had failed to prosecute its case against the three pro-democracy actors.
On 2 September 2024, Kobusingye Norah, Aloikin Praise Opoloje, and Kemitooma Nyina’kyenzibo, who are pro-democracy actors, staged a nude protest condemning corruption and demanding the resignation of the Speaker of Parliament. The trio had their bodies painted in Uganda’s national colours and bearing inscriptions that called for the resignation of the Speaker of Parliament over corruption allegations. They were arrested and taken to Central Police Station, Kampala.
Common Nuisance contrary to Section 148(1) of the Penal Code Act.
Kobusingye Norah, Aloikin Praise Opoloje and Kemitooma Nyina’kyenzibo and others still at large on the 2nd September 2024 at Parliamentary Avenue, Central Division in the Kampala District, made a procession in the middle of the road while half naked, and with writings on their bodies, an act not authorized by law, thereby causing annoyance or obstruction or inconvenience to the public in exercise of common rights.
The trio were transferred from the Central Police Station to the Chief Magistrates’ Court at Buganda Road, where the charges were read to them, and they were remanded at Luzira Women’s Government Prison. They pleaded not guilty.
On 12 September 2024, the case came up for hearing before His Worship Ronald Kayizzi, the Chief Magistrate, where their Advocates orally applied for bail. Court considered the oral bail application and proceeded to grant the trio bail.
Since the grant of bail, the case was scheduled for mention on several occasions; however, on all those occasions, the prosecutor failed to adduce witnesses in Court.
On 11 June 2025, owing to numerous adjournments arising from the prosecutor’s failure to produce witnesses in court, the lawyers applied for the matter to be dismissed for want of prosecution, which was granted by the Court under section 119(1) of the Magistrates Court Act, Cap 19.
