national 28 September 2026 Daily Monitor (Uganda)
Magistrate Winnie Nankya Dismisses Male Mabirizi's Bias Claim, Refuses to Step Aside
Senior Principal Grade One Magistrate Winnie Nankya Jatiko has rejected lawyer Male Mabirizi's application to recuse herself from his computer misuse case, stating the claims of bias do not meet the legal threshold. Mabirizi had cited previous complaints against the magistrate and her handling of his assistants as reasons for his request. Source: https://www.monitor.co.ug/uganda/news/national/mabirizi-loss-magistrate-nankya-refuses-to-step-aside-in-computer-misuse-case-5612516
Magistrate Winnie Nankya Jatiko has denied lawyer Male Mabirizi’s request to withdraw from presiding over his computer misuse case. Mabirizi had applied for the magistrate to step aside, alleging a real possibility of judicial bias against him.
Mabirizi presented three main arguments for his application. Firstly, he claimed to have previously filed criminal complaints against Magistrate Nankya, asserting that she could not impartially hear a case where she was accused by the defendant. Secondly, he alleged personal animosity, referencing a supposed unfavorable remark made by the magistrate. Lastly, Mabirizi objected to the magistrate’s prior decision to remove individuals he identified as his law students and assistants from the courtroom.
However, Magistrate Nankya dismissed all these grounds, ruling that they did not meet the objective legal standard for recusal. She emphasized that for bias to be proven, a fair-minded observer must conclude there’s a real possibility of it occurring, citing the Constitution and the Judicial Code of Conduct.
The magistrate addressed Mabirizi’s criminal complaints, noting his failure to provide evidence of formal proceedings. She warned that allowing litigants to disqualify judges by simply filing complaints would create a dangerous precedent, enabling them to choose or reject judicial officers at will, which she described as forum shopping.
Regarding the alleged remark and the removal of his assistants, the magistrate clarified that these actions were either unrelated to the case’s merits or were standard judicial functions for managing court proceedings. She also pointed out that Mabirizi had already pleaded guilty and the case was proceeding to the presentation of facts, assuring him his rights remain protected.
Magistrate Nankya subsequently dismissed the recusal application and directed the prosecution to proceed with the case. The case stems from four counts under the Computer Misuse Act, related to alleged offensive social media posts by Mabirizi targeting high-profile judicial figures.
Source: Daily Monitor (Uganda)