Justice Henry Kaweesa Isabirye has ordered the parties in the trial of Matthew Kirabo for the murder of his former girlfriend and former Makerere University Medical student, Desire Mirembe to file written submissions. He issued the directive when the matter came up on Monday where the defense was expected to make oral submissions for no case to answer.
However, the case took another twist when the State Attorney, Happiness Ainebyona asked for court guidance since Caleb Olaka and Evans Ochieng had joined the case as defense attorneys. She cited the Advocates Professional Conduct Regulations SI267-2, which prohibits advocates from acting for any person without receiving instruction or authorized agents.
Ainebyona noted that the two lawyers were deliberating like they head the defense team yet they were never introduced to the court and what their roles on the team are. In his response, counsel Charles Dalton Opwona who has been leading the defense team noted that he and his colleague Ali Hassan Kato had decided that they need help given the heavy work on the case hence adding Caleb Olaka and Evans Ochieng to the team as their assistants.
After listening to both sides, the judge ruled that Olaka and Ochieng stick to their role of assisting Kirabo’s defense team. Opwonya then asked the court to allow them to file written submissions. In his ruling, Justice Kaweesa ruled that the Kirabo’s lawyers led by Opwonya and Kato should write their submissions of a no case to answer and serve Ainebyona between 3 and 4 pm and court by 5 pm.
He then ruled that Ainebyona should as well make her response to the submission by Tuesday 18, 2022, and a rejoinder if needed. Justice Kaweesa, then adjourned the case to January 28 where he expects both parties to appear in court to receive the ruling on the matter. Kirabo is accused of murdering his girlfriend Desire Mirembe,19, on July 10, 2015, and dumping her body in Lugazi sugarcane plantations in Buikwe district.
The body was recovered on July 11, 2015. Kirabo then confessed to the murder and was charged in Jinja High Court, which remanded him to Nalufenya prison in Jinja. The case was then moved to Mukono High Court on the instructions of the then principal judge Yorokamu Bamwine after the state complained that the crime had been committed under the jurisdiction of Mukono High court. On October 6, the High Court in Mukono finally started hearing the case after 6 years.
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