Dr Nyanzi wins round one as court stops her mental status test

Dr Nyanzi wins round one as court stops her mental status test

Buganda Road Court has temporary stopped the request by the State to subject suspended Makerere Research Fellow, Dr Stella Nyanzi to a mental status check-up until her petition challenging the same is determined by the Constitutional Court.

 

Mr James Ereemye, the Buganda Road Chief Magistrate, in his ruling stated that after examining both the defense and state arguments, he found that there is need to stop the proceeding under the Mental Treatment Act of 1938 as sought by Dr Nyanzi since they do not in any way affect the main suit.

 

“The proceedings under the Mental Treatment Act 1938 are hereby stayed pending the determination of Application No.18 of 2017 filed in the Constitutional Court,” Mr Ereemye ruled.

 

However Mr Ereemye said the main case in which Nyanzi is accused of abusing President Museveni as “a pair of buttocks” on her Facebook wall, will proceed.

 

“The applicant here is not challenging her trial under the criminal procedure and in fact states categorically that she is ready for trial on charges brought against her,” he said.

 

He clarified that all that is clear in Dr Nyanzi’s post is are misgiving and expression of dissatisfaction, a form of complaint about the manner a public officer conducted themselves at the expense of those they a supposed to serve.

 

He adjourned the case to July 21 as he warned judicial officers like advocates and prosecutors to respect the sanctity and integrity of courts as temples of justice.

 

“This has been a sweet ruling. I have seen that there is still some transparency in some judicial officers after my request to stay the mental status proceeding was granted,” Dr Nnyanzi said.