The Director of Public Prosecutions (DPP) has withdrawn charges against John Bagunywa Ssebutinde, husband of International Court of Justice Judge Julia Ssebutinde, and Joseph Wamala over allegations that they defied a stop order halting construction works at Plot 8 Princess Anne Drive, Bugolobi, Kampala.
The withdrawal of the privately instituted charges was endorsed by Senior Principal Grade One Magistrate Nicholas Aisu at City Hall Court after the DPP took over the case and directed that the allegations be subjected to comprehensive, independent and impartial investigations. The court consequently ordered the withdrawal of Criminal Case No. 2204/2025, initially registered as Criminal Case No. 662/2025 before Nakawa Chief Magistrates Court, and recalled and vacated warrants of arrest that had earlier been issued against the two accused.
Ssebutinde and Wamala had been charged with failure to comply with an order stopping building operations, contrary to Sections 39(1), (2) and (3) of the Building Control Act. Senior State Attorney and Head of the Private Prosecutions Liaison and Coordination Unit Timothy Amerit told court that the DPP took over the prosecution on July 7, 2026, and communicated the decision to court in a letter dated August 6.
Amerit said the DPP reviewed the material on the case file and found it inadequate to support further prosecutorial action. He said comprehensive, independent and impartial investigations were necessary before the DPP could make any further prosecutorial decision. Amerit said the DPP would direct police to thoroughly investigate all information of a criminal nature relating to the complaint and report back expeditiously.
He argued that the approach was consistent with the principle that investigations should precede prosecution and that charges should only be brought after a thorough and objective investigation has established a sufficient evidential foundation. The DPP therefore asked the court to consent to the withdrawal to allow his office to direct, undertake and supervise comprehensive investigations into all aspects of the complaint.
The complainant, Ssebidde Arthur Mpiima, who had instituted the private prosecution, had also been asked to provide the DPP with all evidence in his possession, including documents, photographs, electronic evidence, correspondence, approvals, permits, notices, expert reports and witness statements, as well as a list and contacts of witnesses.
The DPP subsequently opted to withdraw the charges. The dispute arises from a multi-storeyed apartment development at Plot 8 Princess Anne Drive, Bugolobi, which has been the subject of both civil and criminal proceedings over allegations that the construction breached planning and building control requirements.
Neighbouring residents have argued that the area was intended for residential use and that the development was incompatible with the zoning character of the neighbourhood. They also raised concerns over alleged nuisance, loss of privacy, environmental effects and depreciation of neighbouring properties.The Judiciary Permanent Secretary, Pius Bigirimana, Ssempata Kato Jerry, Grace Natukunda and Umutesi Loretta subsequently filed High Court Civil Suit No. 470 of 2025 against Kampala Capital City Authority (KCCA), Ssebutinde, his wife Judge Julia Ssebutinde and Wamala.
They challenged the legality of the development and approvals allegedly granted by KCCA and sought withdrawal of the building permit, demolition of the structure and damages. Separately, Mpiima instituted the private prosecution against Ssebutinde and Wamala, alleging that they continued construction despite a statutory stop order. The case was initially filed at Nakawa but was later transferred to City Hall after the Nakawa Chief Magistrate found that it had been filed before a court lacking territorial jurisdiction.
The accused subsequently challenged the proceedings before the High Court, questioning the legality of the transfer, the validity of the charge sheet and summons, and the private prosecutor’s capacity to institute the case. The High Court dismissed the revision application, holding that the transfer was lawful and that issues concerning ownership, responsibility for the construction and applicability of the stop order were matters to be determined through evidence at trial.
Meanwhile, the High Court Civil Division on January 12, 2026, issued a temporary injunction halting further construction at the property for six months, with liberty to extend the order. The court said the injunction was intended to preserve the subject matter of the civil dispute and did not determine the ultimate legality of the development. In his legal opinion to the DPP, Amerit said although alleged defiance of a lawful stop order raises a legitimate public interest in enforcing building regulations, the criminal proceedings were closely intertwined with the civil dispute over the same development.
He said continuation of the prosecution by a private litigant risked creating the perception that the criminal process was being used as an additional mechanism in a predominantly private dispute already before the civil courts. Lawyer Ivan Bwowe, representing Mpiima, did not oppose the DPP’s takeover but objected to the withdrawal, arguing that the DPP’s constitutional power to take over a private prosecution should be exercised to continue the case.
City Hall Court, however, held that once the DPP takes over a private prosecution, the private prosecutor ceases to have prosecutorial control and the DPP assumes full control, including the power to discontinue the proceedings. The court relied on previous High Court decisions interpreting Article 120 of the Constitution and Section 43 of the Magistrates Courts Act. Magistrate Aisu consequently consented to the withdrawal of the charges against Ssebutinde and Wamala and vacated the warrants of arrest that had previously been issued against them-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
