KAMPALA, UGANDA — The High Court has dismissed a criminal application filed by lawyer and activist Male Mabirizi, citing abandonment and abuse of court process due to prolonged inaction.
The decision, delivered by Hon. Justice Isah Serunkuma, arose from Mabirizi’s attempt to reverse a 2022 ruling by the Makindye Chief Magistrates’ Court, which had dismissed two private criminal cases (0492 and 0494 of 2022) he filed against Justice Musa Ssekaana and former IGG Justice Irene Mulyagonja.
In his ruling, Justice Serunkuma noted that Mabirizi filed the application on January 5, 2024, but had taken no further steps to prosecute the matter since.
“Since then, nothing has been done on this file, which implies that the applicant lost interest in prosecuting it and hence abandoned it,” the judge stated.
The court ruled that this prolonged inactivity constituted an abuse of judicial process and could not be allowed to continue.
Referring to Section 17(2) of the Judicature Act, Justice Serunkuma emphasized the High Court’s inherent power to prevent abuse of its processes and to curb unnecessary delays. He also invoked Section 48 of the Criminal Procedure Code, which allows the High Court to supervise magistrates’ courts and examine the legality of their rulings.
As a result, the application was formally dismissed for want of prosecution and listed under the court’s "weeding out" session — a periodic process aimed at disposing of dormant cases that have seen no progress in over 30 days.
Background
Mabirizi, well-known for his public interest litigation and private prosecutions, had accused both judicial officers of alleged misconduct in the execution of their duties. His initial cases were dismissed by the Makindye Chief Magistrates’ Court for lack of jurisdiction in 2022, prompting his appeal to the High Court.
However, with the latest ruling, the High Court has made it clear that even private litigants must diligently follow through with their applications or risk dismissal for inaction.
This decision underscores the judiciary’s continued efforts to improve case management and reduce backlog by eliminating inactive and abandoned matters from its docket.