The Supreme Court has dismissed an application by Muhammad Kamoga, a property dealer, to stay his criminal prosecution for alleged forgery of land transfer forms, allowing the case to proceed in the Entebbe Chief Magistrate’s Court.
The decision, delivered by Justice Monica K. Mugenyi, rejected claims that the prosecution would prejudice Kamoga’s pending civil suit or render his appeal nugatory.
The case stems from a Court of Appeal ruling which overturned a High Court decision to permanently stay Kamoga’s prosecution in the criminal case. Kamoga sought an interim order to halt the criminal proceedings, arguing that they overlapped with a civil suit involving a land dispute.
He claimed the prosecution would undermine his right to be heard in the civil matter.
Justice Mugenyi, in her ruling, emphasized that the High Court’s initial stay was “wrongfully grounded” in section 208 of the Magistrates Courts Act, which applies to civil, not criminal, jurisdiction.
“The permanent stay of criminal proceedings… cannot by any shade of imagination fall within the ambit of that statutory provision,” she stated, noting that such a stay “foments rather than averts the abuse of court process.”
Kamoga’s legal team argued that one of the complainants in the criminal case, Peter Bibangamba, had acknowledged signing the disputed transfer forms in the civil suit, suggesting the criminal prosecution was unnecessary.
They cited Basajjabalaba & Another v Attorney General (2018) to argue that proceeding with the trial could render Kamoga’s appeal redundant.
The state countered that halting a criminal trial based on a pending civil suit was unconstitutional and an abuse of court process. They referenced Sarah Kulate Basangwa vs Uganda (2018), which held that a civil suit does not bar criminal proceedings.
“The application falls short on the prerequisites for the stay of a criminal trial,” the respondent argued, urging the court to prevent misuse of judicial processes.
Justice Mugenyi ruled that there was no evidence to suggest Kamoga would be denied a fair trial or that the criminal justice system’s integrity would be compromised.
“The impending prosecution… would not necessarily amount to a threat to the applicant’s right to a fair trial, but rather the commencement of a legal process by the constitutionally mandated office,” she said.
She further noted that criminal proceedings generally take precedence over civil matters and that Kamoga could rebut the forgery allegations in court.
The trial is scheduled to commence today (July 9, 2025) in the Entebbe Chief Magistrate’s Court.
