By Babirye Sania
Makerere Researcher Dr. Stella Nyanzi charged with two counts of cyber harassment and offensive communication all related to computer misuse has taken her Mental examination battle to the constitutional court.
Dr.Stella Nyanzi has filed a constitutional petition against the attorney general challenging various sections of the mental treatment act as being unconstitutional.
Dr.Stella Nyanzi's lawyers led by Peter Walubiri told Buganda road court chief magistrate James Eremye Mawanda this morning that the1938 law is not in line with the the Uganda constitutional enacted in 1995.
Walubiru says they are Challenging various sections of the mental treatment act that violates her rights to a fair trial, inhumane treatment, and to be accorded administrative fairness.
Walubiri has also told court that they have followed up the constitution petition with an application in Buganda road court to stay the Inquiry under the mental treatment act seeking to determine if Dr.Stella Nyanzi is of sound mind or not.
In this application they want magistrate Mawanda to determine if the proceedings under the mental treatment act should continue or be stayed while the law is being challenged in the constitutional court.
The magistrate has now set the 7th of June to hear the application for stay of proceedings.
Prosecution States that between January and March 2017 at Kampala district, Nyanzi while having no legitimate purpose of communication posted on her Facebook page suggestions and proposals referring to his Excellency president Museveni that he is a pair of buttocks.
If further alleged that Nyanzi willfully and repeatedly using electronic communication posted offensive messages via Facebook with an intention of disturbing peace and the privacy of president Museveni.