Following his March 17 communication to his legal team Kakwenza Rukirabashaija instructed them to stop representing him citing out that the charges of offensive communication against him have since been abrogated from the law books.
“ As you are aware on January 10 2023 the constitutional court declared the offence of offensive communication void in the constitutional case of Andrew Karamagi and Robert Shaka Vs AG.
However the court ordered all courts to halt proceedings based on section 25 of the computer Misuse Act 2021 which created the ambiguous offences against me,” Kakwenza wrote to his lawyers.
Further more he added that “pursuant to this judgment it is my understanding that any further proceedings in the aforementioned court would make us appear like acquiescent faineants kowtowing to their incorrigible madness. I understand other courts as they should are observing the said orders of the constitutional court which aren’t provided for in law.”
The constitutional court on January 10 issued an unanimous judgment ,annulled section 25 of the computer misuse act which constituted the offence of offensive communication for being unconstitutional as it was used to curtail freedom of speech.
“ I find that the impugned section is unjustifiable as it curtails freedom of speech in a free and democratic society ,” justice Keneth Kakuru wrote the lead judgment.
Justice Kakuru further noted that prosecuting people for the content of their communication is a violation of what falls within guarantees of freedom of expression in a democratic society.
However Kakwenza was facing two counts of offensive communication before the Buganda Road Chief Magistrates Court thought the case is on a pending trial.
It is alleged that Mr Kakwenza on December 24 2022 will fully and repeatedly used his Twitter handle to disturb the peace of president Museveni and his son Gen Muhoozi with no purpose of legitimate communication.
However Mr Kakwenza’s tourtière claims by security agencies while in detention has since fled the country.
