Stella Nyanzi appeals Magistrate court verdict
Friday August 16 2019
Stella Nyanzi
Jailed Makerere University researcher Dr Stella Nyanzi has appealed her conviction and sentence of 18 months, handed to her by Buganda road court on 2nd this month, after being found guilty of cyber harassment charges.
Grade One Magistrate Gladys Kamasanyu convicted Dr. Stella Nyanzi after agreeing with prosecution that the suggestions and proposals posted on her official Facebook page were obscene, indecent and could only have been made by a person lacking a proper moral background.
The said posts were made against the President Yoweri Museveni and his late mother Esteri Kokundeka, but Dr. Stella Nyanzi couldn't be convicted of being immoral (offensive communication charges) because the Complainant in this case was not called as a witness.
Its against this background that Dr. Stella Nyanzi through his Lawyer Isaac Ssemakadde has gone to the High court in Kampala to challenge the lower court's decision.
Nyanzi's appeal is based on 10 grounds among which she accuses Magistrate Kamasanyu, of having erred in law and prematurely closed her defense case without according her necessary facilities to compel witnesses to come to court, which infringed on her right to a fair hearing.
Nyanzi further cites bias on the part of the magistrate throughout the trial, on charges which were not only vague and bad in law, but that she too had no jurisdiction to entertain this case on an incurably defective charge sheet.
Nyanzi therefore wants the High court to allow her appeal, quash the conviction and set aside the sentence for being illegal and disproportionate.
Nyanzi had spent nine months in Luzira Prison after refusing bail, and was asked by court to only serve nine months imprisonment.