Mabirizi Takes Legal Battle to Next Level, Sues Magistrate and Prosecutor

Detained lawyer Hassan Male Mabirizi escalates his dispute over prolonged remand by filing fresh suits against judicial officers, as his bid for release stalls in Buganda Road Court.

Embattled Kampala lawyer Hassan Male Mabirizi has filed new legal action against the magistrate and state prosecutor handling his ongoing criminal case, intensifying a prolonged courtroom battle that has kept him on remand for more than two months.

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

He maintains that he has spent over 60 days on remand since his arrest on February 3, 2026, without the commencement of trial.

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

During the latest session, presided over by Magistrate Ritah Neumbe Kidasa, proceedings took an unexpected turn after a ruling on Mabirizi’s application seeking the magistrate’s recusal did not materialise.

The prosecution told court it had received Mabirizi’s submissions late and requested more time to respond—an application the court granted.

In a dramatic development, Mabirizi informed court that he had separately sued both Magistrate Kidasa and state prosecutor Richard Birivumbika in their personal capacities, arguing that their continued involvement in his case creates a conflict of interest and undermines fairness.

He further argued that Prosecutor Birivumbika had previously prosecuted him under the Computer Misuse Act in a case later nullified by the Constitutional Court, which he says raises concerns over prosecutorial impartiality.

While still on remand, 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 involved.

The prosecution has consistently opposed his release.

On the application for unconditional release, Magistrate Kidasa ruled that she could not proceed until the recusal application is determined, stating that procedural order must be observed.

The matter was accordingly adjourned to April 29, 2026.

Mabirizi was returned to Luzira Prison pending the next hearing.

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