State Attorney Henry Oluka has told the Constitutional court session this morning that the IGG and DPP have a constitutional mandate to investigate, institute, take over and continue with any criminal proceedings without being subject to control by any person or authority.

He added that the former VP now wants court to contravene the constitution by restraining prosecution agencies from fulfilling their constitution obligations.

Prof. Bukenya has been represented by Macdusman Kabega and Enos Tumusiime.

A panel of three justices of the constitutional court led by Deputy Chief Justice Alice Mpagi has presided over the matter and shall give their ruling on notice.

Prof. Bukenya is challenging the constitutionality of the abuse of office and fraudulent practice against him in the Anti-Corruption court which he allegedly committed during CHOGM preparations.

In the petition, he contends that whatever he did during his term of office as VP was official but he is now being prosecuted as if he did such as an individual.

He says that the office of the VP has no independent mandate and derives authority from the president and the constitution protects it from prosecution for any actions done in an official capacity.

He now wants the constitutional court to restrain prosecuting agencies from proceeding with criminal cases against him in the anti corruption court till his constitutional petition is disposed off.

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Grade one Magistrate at the Nakawa based court Sarah Langa has also directed Bukenya to deposit his passport with court.

Prof Bukenya’s two sureties, Mukwaya Jessy and Henry Kawesa were also each bailed at 200 million shillings not cash.

Former Uganda President, Prof. Gilbert Bukenya

Prison stared Bukenya in face after he appeared before the magistrate and said he didn’t have the passport, which he claimed to have handed over to the government. The magistrate agreed with the prosecuting counsel that the passport could not have been withdrawn from Bukenya since he has a constitutional guarantee to continue enjoying presidential privileges.

Former Vice President Prof. Gilbert Bukenya faces charges of alleged abuse of office, in relation to the procurement of 80BMW executive cars for the 2007 Commonwealth Heads of Government Meeting in Kampala in November 2007. Bukenya insists that abuse of office charges as stated in charges absolutely not true.

Prosecution has asked for a further two weeks to complete investigations. The hearing has now been adjourned until 30 June.

The Inspectorate of Government that investigated CHOGM expenditure accused Bukenya of influencing the award of the sh9b tender to Motor care Uganda in total disregard of the laws, regulations and practices governing public procurement in Uganda.

By Isaac Senbaulya

The post Former Vice President Prof. Gilbert Bukenya granted bail by Anti Corruption Court first appeared on Uganda Multimedia News & Information.