Constitutional Court Stays Bukenya Trial

Appeared in The New Vision on 29 Jun 2011

The Constitutional court on Wednesday morning halted the criminal proceedings against former Vice President Prof Gilbert Balibaseka Bukenya at the Anti-Corruption Court, pending the hearing and determination of his Constitutional petition challenging the proceedings.

In their ruling, the judges Mpagi-Bahigeine, Steven Kavuma and Stella Arach-Amoko said, “We have consequently decided that Constitutional petition No 30 of 2011 be fixed for hearing on 5th day of July at 9:30am. In the meantime, the proceedings before the Anti-Corruption Court in Criminal Cases No 98 and 95 of 2011 be stayed pending the determination of the petition and the costs of the application to abide the outcome of the petition.”

The ruling was read by Registrar of the Court of Appeal/ Constitutional Court Elias Kisawuzi on behalf of the judges.

The Attorney General (AG) last week strongly opposed the application by Bukenya to stop his prosecution in the Anti-Corruption Court.

In his submission, the Principal State Attorney Henry Oluka said that Prof. Bukenya should not be allowed to use the courts of law to curtail the provisions of the constitution.

He argued that it would be contrary to the letter and spirit of the Constitution that the power derived from the people shall be exercised by the courts established in the name of the people.