The Constitutional Court on Wednesday dismissed with costs a petition filed against the Director of Public Prosecutions (DPP) by nine people being tried in the case of the slain Muslic clerics before the International Crimes Division Court.
The nine led by Amir Ummar Shiekh Mohammed Yunus Kamoga had sought contempt of court charges against the DPP Mike Chibita for refusing to disclose his intended evidence against them within two months as the International Crimes Court ordered in March 2015.
Five justices of the Constitutional Court led by the Deputy Chief Justice Steven Kavuma unanimously ruled that the accused persons’ petition lacked merit as it raised no grounds for Constitutional interpretation.
The judges ruled that there is no way they could interfere with matters regarding evidence since the DPP does not work under control or direction of any person.
The judges said the petitioners would have explored other means like petitioning the trial court to enforce its order or they could petition the High Court -Civil division to enforce their right to disclosure.
However the judges noted that even though the DPP later on complied with the court order and availed the evidence, the accused are still at liberty to seek remedies from a competent court if they feel their right to have this evidence on time was violated.
The nine petitioners are part of 14 others who are on trial for the murder of Muslim Clerics, Sheikhs Mustafa Bahiga and Hassan Ibrahim Kirya in December 2014 and June 2015 respectively.