Mukesh given 1.5 months for response to UGX73 Million court fines. Here are defense reactions for next move.
Drake Nyamugabwa
The High Court in Kampala has given a period of up to 30th August 2022 in an arrest warrant to the former aspirant for Nakawa West Constituency Member of Parliament seat, Mukesh Shukla aka Shumuk, over court fine of Shs73 million.
Mukesh filed a petition contesting NUP’s Joel Ssenyonyi’s victory but he lost both cases at Nakawa High Court and Court of Appeal.
On Wednesday, the high court in Kampala issued a warrant of arrest ordering the arrest of Shukla Mukesh if he does not pay the decree-holder costs of the election petition and the applications amounting to Shs73,050,000
The warrant was issued by the Civil Division Registrar, Jamson Karemani, following an application by Ssenyonyi.
Different counsels and the experts have reacted to the warrant in form of defense options that usually are undertakes to negotiate, withdraw or cancel the warrant;
Stephen Galiwango a prominent city lawyer said that in incidences where a court issues a warrant ot arrest, it imperative to first give yourself the benefit of a knowledgeable advocate right from the start.
He said that response to learning that there is a warrant for your arrest ignoring an arrest warrant is typically is not in your best interest he added that on the other hand, walking into the police station without advance planning may not work out the way you were hoping particularly if you turn yourself in on a weekend or in the evening.
“Working with an experienced local defense attorney can help smooth the process and open up options for resolving the warrant. Often, the best way to approach an outstanding arrest warrant is to retain a local criminal defense attorney to represent you. While every situation is different, an attorney familiar with the local criminal justice system may be able to arrange for a resolution such as:
- Having the arrest warrant withdrawn and a court date scheduled
- Surrendering yourself at an agreed time and place with the option of bonding out as soon as you are processed
He however said that if you take the option of voluntarily walk-in, it can allow you the opportunity to make any necessary arrangements, such as:
- Arranging to have adequate funds on hand to promptly post bond
- Ensuring that you surrender yourself when the court is open, if an appearance is required before you can post bond
Birungi Grace a Business lawyer on her side confirmed that once an arrest warrant is issued, it may only be removed by the Court that issued it. She said that under normal circumstances, a warrant will not be removed unless and until the person named in the warrant appears before the Court, but adds that in exceptional cases, however, one may petition the Court to remove the warrant in his or her absence which she termed as “removal of the warrant in the Defendant’s absentia”
“A skilled lawyer can research the existence of your warrant to include the Court that issued it and the reason for the warrant such as a default or the filing of new criminal charges. A lawyer may also be able to contact the prosecutor assigned to your case to negotiate the time, manner and place of your voluntary surrender as well as the anticipated bail terms and conditions or voluntary appearance may bear ground for better negotiations” she said
