By Ganomazima editorial
Local city businessman and property consultant Muhammadi Kamoga has filed a fresh application before the Magistrates Court in Entebbe , in a quest of freezing criminal proceedings against him, pending the determination of an appeal he recently lodged in the Supreme Court.
Through his lawyers, Kamoga told court that he had filed Reference No. 1 of 2025 challenging the decision of Supreme Court Justice Monica Mugenyi, who, sitting as a single judge, allowed criminal proceedings against him to continue in the Entebbe Chief Magistrates Court.
“We filed Reference No. 1 of 2025 challenging the decision of the judge of the Supreme Court, which gave this court a green light to proceed with the cases. The reference is still pending. We believe the accused will be prejudiced if the criminal cases proceed before the reference is heard and determined,” argued Alex Kamukama, one of Kamoga’s lawyers.
The defence also objected to the amended charge sheet which added eight new fraud charges against their client.
In response, State Attorney Ahebwa Paul strongly opposed the application, calling it a deliberate attempt to delay justice.
“Counsel filed a reference just two days ago, seeking to overturn a decision of the Supreme Court’s single judge. These references and appeals are baseless, frivolous, and intended to stifle court proceedings and delay justice. This is an abuse of court process aimed at overturning the decisions of both the Court of Appeal and the Supreme Court,” Ahebwa said.
After hearing arguments from both sides, the trial magistrate, Edgar Tusiime Tibayeita, adjourned the matter to August 18, 2025, to deliver a ruling, noting that the case file had only recently been assigned to him.
Earlier this month, Justice Mugenyi had dismissed an application in which Kamoga sought to stop his prosecution, citing a pending appeal. She ruled that halting the criminal trial would not serve the ends of justice.
“It has not been established before me that the applicant (Kamoga) would not receive a fair trial in Criminal Cases No. 835 & 836 of 2023, nor that the integrity of the criminal justice system would be compromised by his prosecution,” Justice Mugenyi ruled. “Rather than jeopardizing his rights, a prompt prosecution could help resolve the matter and support the related civil proceedings.”
He appeared before Magistrate Tibayeita less than a week after Stella Maris Amabilis ,, the former Chief Magistrate recused herself from the case. Kamoga had alleged that he was in communication with her via WhatsApp, and she forced him to withdraw the petition against her from judicial service commission prompting her withdrawal.
It should also be noted that the dame Kamoga,, has since petitioned the Judicial service commission (JSC) ,Chief Registrar and the Chief Justice overthe said allegations peddled against Stellah Maris Amabilis .
