Africa-Press – Uganda. Lawyers representing incarcerated city advocate Male H. Mabirizi Kiwanuka have petitioned the Director of Public Prosecutions (DPP), seeking the immediate withdrawal of fresh criminal charges they describe as unconstitutional and unlawful.
In a formal letter dated April 2, 2026, addressed to the DPP, the legal team from Escala Associated Advocates argues that the charges sanctioned against their client contravene established constitutional principles and should be discontinued without delay.
The case, filed at the Buganda Road Chief Magistrates’ Court under Criminal Case No. 0184 of 2026, accuses Mabirizi of “publishing fake news” contrary to Regulation 110(e) of the Uganda Communications Commission (Licensing) Regulations, 2019, as well as broadcasting without a license in violation of Section 28(1) and (2) of the Uganda Communications Act.
However, Mabirizi’s lawyers contend that the charge relating to “publishing fake news” is legally untenable, arguing that the provision has already been declared inconsistent with the Constitution by superior courts.
“The criminalisation of ‘publishing fake news’ is manifestly unlawful,” the lawyers state in their petition, adding that the charge violates settled jurisprudence established by Uganda’s highest courts.
They cite the landmark Supreme Court decision in Charles Onyango-Obbo v Attorney General and note that the Constitutional Court reaffirmed this position in Alternative Digitalk v Attorney General. According to the petition, these rulings underscore that penal sanctions—particularly custodial sentences—for speech-related offences are incompatible with constitutional guarantees of freedom of expression.
Relying on Article 120(3)(d) of the Constitution, which empowers the DPP to discontinue criminal proceedings, the lawyers are urging the prosecution authority to exercise its mandate and withdraw all charges against their client without delay.
“We bring to your urgent attention the sanctioning of blatantly unconstitutional and unlawful charges against our client,” the letter reads. “We request your office to withdraw all charges forthwith.”
The petition was formally received and stamped by both the Ministry of Justice and Constitutional Affairs Security Registry and the Office of the Director of Public Prosecutions Registry on April 2, 2026.
Mabirizi, known for his outspoken legal activism and frequent public interest litigation, has previously been at the center of several high-profile legal battles involving constitutional interpretation and civil liberties.
Earlier, Mabirizi faced charges related to alleged offensive communication targeting Flavian Zeija and Musa Ssekaana. It was alleged that he used his TikTok account, @male.mabirizi, to criticise judicial officers contrary to provisions of the Computer Misuse Act. However, those provisions were recently struck down by the Constitutional Court, prompting the emergence of the new charges now being challenged by his lawyers.
The DPP’s response to the petition is now keenly awaited, as the case reignites debate over the regulation of online speech and the limits of freedom of expression in Uganda.
