Thursday, 30 April 2015

Akullo to Face Police Inquiry

It has emerged that Grace Akullo, the head of the Criminal Investigations and Intelligence Directorate (CIID), is expected to face officials from the police's Professional Standards Unit (PSU).
According to police sources, PSU investigators will ask Akullo to clarify her eyebrow-raising revelations last week that the Shs 169 billion pension scam case collapsed in court because money changed hands.
Though she is not accused of any wrongdoing, sources in the police told The Observer last week that she will have to expound on her claims that some suspects in the scam admitted to channeling bribes through two detectives in an attempt to get her to kill the pension scam investigation.
Speaking to Daily Monitor last week, Akullo named two CIID officers as the bribe takers and conduits. The duo reportedly authored another report exonerating the key suspects in the ministry of Public Service where the scam was orchestrated.
Akullo also revealed that during a meeting she had with two suspects in her office, they (suspects) claimed they gave her officers Shs 100m to take to her and $350,000 to an unnamed journalist to buy her a house.
It is these kinds of revelations that the PSU will be seeking more clarification on.
"She claimed that she met some of the suspects in her office who admitted attempting to bribe her. Did she record the conversation?" said the source, trying to explain why Akullo needs to clarify
But a knowledgeable source said according to standard police procedure, Akullo will be required to write to the Professional Standards Unit pinning the officers she named in the media interview. Under the law, bribing or attempting to bribe a police officer is a criminal offence. Read more

Uganda denies agreement with Israel on asylum seekers

Government officials in Uganda deny there is any agreement with Israel on the deportation of asylum seekers into the country, according to the Hotline for Refugees and Migrants, citing Ugandan daily New Vision. In the report, published Tuesday, Uganda’s Permanent Secretary for Foreign Affairs James Mugume is quoted as saying: “Neither the minister [of internal affairs] nor myself has any idea about it. We do not have any arrangement for receiving refugees from Israel.”

Nearly a month ago the Israeli government announced its intention to begin forcefully deporting Eritrean and Sudanese asylum seekers to “third countries” - which are assumed to be Rwanda and Uganda, although Israeli authorities have yet to reveal any information. Refugee organizations have continuously voiced concern that these third countries do not guarantee the safety of asylum seekers and have called on Israel to be divulge the details of these obscure agreements.
Last week, at least three Eritrean asylum seekers who lived in Israel and were deported to a third country were executed by Islamic State militants in Libya. And on Tuesday, Ali Rasta, another Eritrean asylum seeker who had been an inmate in Israel’s Holot detention center, was reportedly murdered in Khartoum. According to asylum seeker activist and Holot inmate Mutasim Ali, he was forced to leave Israel for a third country, and then ended up in Sudan. Read more

Wambuzi Speaks Out On Kavuma

Former Chief Justice Samuel William Wako Wambuzi has criticised Parliament's approval of Justice Steven Kavuma as deputy chief justice.
Speaking at the launch of his book The odyssey of a judicial career in precarious times, which chronicles his life as a three-time chief justice of Uganda, Wambuzi said that Parliament abdicated its constitutional mandate when it rushed to approve Justice Kavuma at a time when pertinent questions were raised about his appointment.
"I wish to suggest that to decline to consider or to rush to confirm may not have been the best way of fulfilling parliament's constitutional obligation, much as it may have been a convenient way to deal with simple or difficult questions raised by the proposed appointments," Wambuzi said.
In March, in a decision criticised by The Observer's editorial, Parliament's Appointment's committee approved Justice Kavuma as deputy chief justice without due consideration of objections from the public. There were claims that Kavuma's appointment was not supported by the Service Judicial Commission as required by the law.
The committee, chaired by Speaker Rebecca Kadaga, also received a petition from one Eunice Nalumansi, who claimed that Kavuma had defrauded her and was therefore unfit to hold such a high judicial office. Nalumansi said in her petition addressed to Kadaga and copied to the leader of opposition, Wafula Oguttu that Justice Kavuma took her car in 2004 and refused to pay her for it.
Although Oguttu and his opposition colleagues wanted this accusation to form the basis for an investigation before Kavuma could be approved, Kadaga did not see merit in it. In respect of a notice of an intended constitutional petition from Gerald Karuhanga (Youth MP, West) indicating that he had tried and failed to file it in the constitutional court, Kadaga told the committee that she could not stay Kavuma's vetting because she had not got such information from the JSC. Read more

Tuesday, 28 April 2015

Court Gives Former Diplomat Shs 6.3 Billion

To former diplomat Johnson Akol Omunyokol, living without a job for 17 years has been "hell", but he has soldiered on. Now though, a 'salvation' package is on the way, after the Supreme court ruled that Omunyokol was unlawfully fired in 1998.
In a 4-1 majority ruling on April 17, court awarded Omunyokol Shs 6.3bn in salary arrears and damages because of the undiplomatic manner of his sacking. And Justice Esther Kisaakye added that Omunyokol should get his job back.
On September 20, 1988, Omunyokol was recruited into the public service as a foreign service officer grade 6, before being posted to Uganda's embassy in Beijing, China on July 3, 1993.
However, in January 1997 Omunyokol was accused by the then permanent secretary ministry of foreign affairs of sexually harassing a female employee at Traders hotel in Beijing.
Nabeta also alleged that on August 8,1995, Omunyokol insulted the head of Lufthansa Airlines in China using obscene words such as "Hitler", "Nazi", "Shit" , "F*** your mother " .
Subsequently, in March 1997, Omunyokol was recalled to Uganda by the ministry of Foreign Affairs though he didn't return immediately because the ministry did not have funds to cover the cost of shipping his personal belongings. According to court records, Omunyokol remained in Beijing until October 21, 1997, when he was detained four days by the security agencies.
On October 24, 1997, he was repatriated to Uganda and immediately sent on leave. On March 4, 1998, Omunyokol was interdicted by Nabeta. Then on June 6, 1998, he was dismissed by the public service commission without following procedure as per the public service Act. Read more

Former Chief Justice Wako Wambuzi's Trials and Triumphs

Dr Suleiman Kiggundu, the former governor of the central bank and managing director of the defunct Greenland bank, died without telling his story. By then, he had become a fierce politician who perched in car windows to preach 'good governance' to whoever cared.
This was a dramatic departure from the bespectacled gentleman who wore immaculate pinstriped suits and rubbed shoulders with the high and mighty of the world.
From the air-conditioned boardrooms of financial institutions to Luzira prison, the public would have wanted to know what he thought was his undoing, what mistakes he made, and injustices suffered, if any. But it was never to be.
Former attorney general and minister of justice, Abu Mayanja, an engaging debater, too died without recording his life into a book. Former speaker of Parliament, the amiable James Wapakhabulo, too didn't write a book! The list of such people is annoyingly long.
However, former chief justice Samuel Wako Wambuzi has decided to be different. His book, The odyssey of a judicial career in precarious times: My trials and triumphs as three-time chief justice of Uganda, was launched at Serena hotel by former premier Apolo Nsibambi last Friday.
This book is not only Wambuzi's life but it also takes the reader through his forty-something year journey, serving as a prosecutor, acting director of public prosecutions (DPP), judge of the High court, chief justice of Uganda, president of the East African Court of Appeal, and then chief justice of Uganda.
From a Kaliro village boy whose feet soles were gnawed on by kitchen rats to a super swimmer but who would not dare President Idi Amin into a swimming contest at Kampala club. Wambuzi was born on January 23, 1931 at Namalemba, in the present-day Kamuli district. His mother, Milyamu Naigaga, died a year after he was born, leaving the young Wambuzi to be raised by his stepmother.
At 84, Wambuzi retains his humour, sharp memory of a judge, reliving events, and principles as if they happened yesterday. His humour is effortless and it's draped in concealed sarcasm. Read more

Monday, 27 April 2015

Judges want Museveni to fire Tamale Mirundi

Judges want Tamale Mirundi fired for 'attacking & inciting' public against them
‘He is inciting people to attack us.’ 
Angered by harsh criticism of their work, High court judges have called for the sacking of presidential press secretary Joseph Tamale Mirundi. Meeting chief justice Bart Katureebe at Grand Imperial hotel on Friday, the justices were united in their condemnation of Tamale.
The meeting was convened specifically for all High court judges to speak plainly about their challenges and suggest ways Justice Katureebe can improve the judiciary. 
First to speak was Justice Benjamin Kabiito of the High court’s civil division. Justice Kabiito told the meeting that Mirundi had attacked him severally on radio talk shows.
Mirundi reportedly singled out Kabiito for his handling of a case in which Cairo International Bank was challenging its prosecution in the Anti-Corruption court in regard to the theft of an estimated Shs 169bn meant for pensioners. 
Apparently, Mirundi criticized Justice Kabiito for ruling that Cairo bank shouldn’t be prosecuted for its role in the scam.
“The information I have is Tamale Mirundi doesn’t have any ethics and he doesn’t report to anyone. He was even on radio asking people to attack me. He would say, ‘beat him up, he is corrupt’,” the judge said. 
“I’m told between 7pm and 8pm the time he is on radio, he is drunk; so I don’t know if really he is sober enough to understand these issues of court.” 
Justice Stephen Musota, the head of High court civil division, said at one time on radio, Mirundi incited people to attack him with iron bars. 
Musota said Mirundi took issue with the judge’s handling of a case involving 1,000 former spies who wanted their retirement benefits worth about Shs 39bn paid. According to Musota, what angered Tamale was the judge’s rejection of an application by the Inspectorate of Government (IG) that sought to block the payments.
“I heard him saying that judge [Musota] should be beaten thoroughly. He is just corrupt. How can he rule like that?” Musota said amidst laughter. 
Musota told Katureebe that he had told the judiciary’s senior communications officer   Solomon Muyita to get Mirundi’s recording for the chief justice to take to President Museveni.
In response, Katureebe said he too had been a victim of Mirundi’s notoriety on radio talk shows. 
“During the two-year impasse when we had no substantive chief justice, he [Mirundi] went on radio and he said it wasn’t President Museveni who had refused to appoint me as chief justice but it was me who wrote a letter to the president turning down the job on grounds that I’m sick. But I have never written such a letter and I have no health problems,” Katureebe said, drawing wild cheers.
The chief justice said Mirundi doesn’t seem to be accountable to anyone since he abuses any person he wants.
“I have heard that individual insult the Kabaka, the archbishop and the cardinal. I think I will very soon raise this issue with the president since his attacks can create problems for judicial officers,” Katureebe said.
Interviewed for a comment on Friday, April 24, Mirundi reminded their lordships that they are not immune from attacks.
“Those judges are suffering from colonialism. They think they are important but they are not important, they are just servants of the people and as long as they are corrupt, we shall talk about them,” Mirundi said. “By the mere fact that they have reacted to my statements, that is an indication that I have defeated them. If they think that I’m guilty of anything, let them sentence me to death.”  Read more

Former Chief Justice tells govt to respect Judiciary

Former Chief Justice Wambuzi at the book launch with Prof. Apollo Nsimbambi
Former Chief Justice Samuel William Wako Wambuzi has warned the other arms of government to stop treating the Judiciary as their junior partner.
Justice Wambuzi reasoned that due to such degrading treatment that the Judiciary receives from the Executive and the Legislature, there have been some regrettable “constitutional mistakes made”.
He sounded the warning last Friday while launching his book titled: ‘Odyssey Of A Judicial Officer in Precarious Times: My Trials and Triumphs as a Three-Time Chief Justice of Uganda’
“The Executive and sometimes the Legislature treat the Judiciary, the third arm of government, as their junior partner,” Justice Wambuzi said.
He added: “As a result, there is a regrettable lapse in constitutionalism or if you prefer, walking outside the Constitution”.
The retired Chief Justice also faulted Parliament for rushing to confirm some presidential appointees despite public outcry against the move. Read more

Corruption now harder to fight

It is not clear whether the media selectively focuses attention on court cases where the prosecutors perform dismally. There have been many high profile cases involving corruption, treason, defilement, murder and so forth that have collapsed in the face of scrutiny to the detriment of the taxpayers. These cases have portrayed a bad image of the office of the Prosecutor. It is now seen as incompetent and partisan to regime’s political adversaries.
A good example is that of opposition FDC stalwart Dr. Kizza Besigye who has faced a multitude of kitchen sink cases. Dr Besigye has been accused of every transgression under the sun, from treason, rape, assault and others, to the point that the Police even revised an old colonial era law based on prediction of crime to maliciously violate Besigye’s fundamental rights to associate, and his inherent liberty as a citizen.
In all these cases, Dr. Besigye has emerged triumphant, unscathed. These demonstrate that the Police and the Prosecutors have found cases where none existed. Take for example the death of Butaleja MP, Cerina Nebanda. The prosecutors could not convince a Judge, leave alone swaying public opinion on the matter that someone, other than Nebanda’s boyfriend, overdosed her. The UPDF soldier in Luzira, who returned from Somalia and sprayed his girlfriend with bullets over infidelity, killing her instantly along with her friends in public view walked out too.
In most high profile cases involving regime personalities, only Lydia Draru, so far, was effectively convicted, over the death of the former Army Commander Maj. Gen. James Kazini, moreover on weak evidence. Seemingly, the public is convinced of Draru’s culpability and innocence. It is the rule that all those who cannot afford lawyers are guilty; some even on wrong charges!
This article was conceptualised after a thorough reflection on the matter of justice in Uganda. It questions the performance of the Office of the Prosecutor, the competence of the Uganda Police, and more-so, the essence of the Criminal Investigation Department in fighting crime.
The role of the Police in solving crime or perpetuating it is suspect. Little wonder then, that there is an escalation of apathy and contempt towards the justice system as a whole, leading to mob justice. Read more

Debts killing Museveni's govt

The Anti-Corruption Court in Kampala was on April 13, the scene of ecstatic congratulatory hugs, dancing, and Jubilation. The court had just dismissed a major case involving the alleged swindling of Shs169 billion from the pensions accounts of the Ministry of Public Service in 2011. The money was paid to over 1000 fictitious pensioners. The trial started in 2013, but according to the presiding Chief Magistrate, the case was dismissed because the State had in the last two years failed to bring even a single witness to testify against the nine suspects.
The accused included former top Public Service Ministry officials, including then-permanent secretary Jimmy Lwamafa, former principal accountant Christopher Obey, and former senior accounts assistant, David Japins Oloka.
Earlier in February, then-Attorney General Peter Nyombi had advised the Director of Public Prosecution (DPP) to drop charges in a related case against Cairo International Bank which handled the pension funds. Nyombi said police had botched the investigations into the case. Police in 2012 had arrested six Cairo International Bank’s bosses.
Meanwhile, on April 10, the Supreme Court in Kampala awarded Goodman Agencies Ltd a hefty Shs21 billion (Approx.US$7 million) as compensation for 10 trucks it lost when they were confiscated by government security agencies. The award was criticised as excessive and has been compared to the Shs12.9 billion awarded to Severino Twinobusingye in 2012 in a case he pursued related to former Prime Minister Amama Mbabazi.
To reap the rewards from Uganda’s court system, one has to be patient.
The Goodman Agencies case was lodged in 1996 and it was first awarded Shs14.4 billion in a consent judgement in 2005. Since then, an appeal was lodged and over the period, award sum has attracted Shs6.6 billion in interest at 24% per year.
In Severino’s case, he has now waited three years without seeing a penny of the award.
The pension scandal was high up in last year’s Auditor General’s report which showed that up to Shs 1.6 trillion or about 20 percent of all the money spent by various government departments in the 2011/12 Financial Year was either stolen, misused, or not properly accounted for.
Just two weeks before the Anti-Corruption Court ruling, on March 31, the AG John Muwanga had tabled before parliament his latest report which highlighted similar cases from 2014. Muwanga’s team audited 1,452 huge and small government entities and projects all over the country. It points out that cases like this have left the Ministry of Justice holding a huge sum of Shs4.3 trillion in contingent liabilities in cases before the courts. The sum swelled by 95% from Shs2.2 trillion in 2012. Read more

Constitutional Court throws out case against Uganda Law Society elections

The Constitutional Cour has dissmissed an application by Isaac Semakadde a lawyer, seeking an interim order stopping the Uganda Law Society from holding Friday's annual general meeting.

It is from the annual genaration meeting that the electoral commission of the society would conduct elections for its new president, vice-president and treasurer.

The court also upheld the decision by the Uganda Law Society's electoral commission not to hold elections of positions where candidates are unopposed. Read more

Court Hears Case Challenging the Government of Uganda for the Alleged Refusal to Appoint More Judges in the Judiciary

The First Instance Division today heard a case challenging the Government of the Republic of Uganda for the alleged refusal by the President to appoint more Judges of the Supreme Court, Court of Appeal and the High Court.
Mr. Ladislaus Rwakafuzi representing the Applicant Mr. Simon Peter Ochieng and John Tusiime both Ugandans, submitted to Court that the President of Uganda failing to respect the recommendation of the Judicial Service Commission on the appointment of more Judges to these respective Courts following the resolution by the Parliament of Uganda to increase the number of judges as stipulated in Article 138(1)(b) of the Constitution is a breach of the Treaty for the Establishment of the East African Community under Article 6 (d) and 7 (2) on fundamental principles of the Community and therefore its abuse of power.
The Counsel for the Applicants added that the alleged refusal by the government is an abuse of power and the President is exercising a discretion he does not have. He further said that the names of the judges for appointment were seconded and presented to the President and that there has not been any action, which has caused some consequences such as some cases not being handled due to limited number of Judges. Rwakafuzi stated that following the resolution by Parliament the number of judges of the Supreme Court should be increased from 7 to 11, the Court of Appeal from 8 to 15 and the High Court from 50 to 82 which has not been fully acted upon. He therefore told Court that the refusal to respect the recommendation of the Judicial Service Commission regarding the recommendation by the Parliament is a breach of law.
Ms. Christine Kaahwa Commissioner representing the Attorney General of Uganda submitted that the appointment of Judges for the Supreme Court, Court of Appeal and the High Court of Uganda is in process and that there is no refusal by the President to appoint more Judges as it is alleged by the Applicant. Read more

Former Chief Justice Wambuzi Writes Book

Former Chief Justice Samuel Wako Wambuzi has written a book, The Odyssey of a Judicial Career in Precarious Times: My Trials and Triumphs as Three-Time Chief Justice of Uganda.
The book not only chronicles Wambuzi's life but also takes the reader through a forty-something odyssey serving as a prosecutor, acting director of public prosecutions (DPP), Judge of the High Court, Chief Justice of Uganda, President of East African Court of Appeal, and then twice Chief Justice of Uganda.
Narrated with simplicity and candor, Wambuzi says, that he is the only chief justice in Uganda who assumed that position because the president then [Amin] found difficulty pronouncing the word 'Acting.'
"Within a few months of my appointment as acting chief justice, there was a ceremony. President Amin stood up to address the gathering. He recognized their excellencies, the honorable ministers and when he came to acting chief justice, he stumbled several times over the word 'acting' which he failed to pronounce, and finally said, 'Ah, now you are full', and said, 'The chief Justice".
I have often joked to my friends that I was appointed chief justice not on merit, but because the president at the time could not pronounce the word 'acting'," he says in his book.
Then, the president had full powers to appoint a chief justice. The 1995 Constitution has since changed that position. Today, the chief justice is appointed on the advice of the Judicial Service Commission (JSC) with the approval of parliament. Wambuzi was appointed acting chief justice, after the mysterious disappearance of the then Chief Justice Benedicto Kiwanuka. Wambuzi will launch the book today (Friday) at Serena hotel at 2pm. Read more

A tribute to Joan Kagezi: the murder of a human rights defender

On 30 March, at around 7.30pm, Joan Kagezi, Senior Principal State Attorney in Uganda, was murdered by unidentified assailants, who opened fire on her while she was driving home from work.
In the most ordinary of circumstances, Joan had stopped at a fruit stall on her way home when she was shot twice by gunmen on a motorcycle.  Three of her four children were in the car with Joan at the time of the attack and witnessed the brutal murder of their mother.
Joan was head of the Directorate of Public Prosecution’s (DPP) war crimes and anti-terrorism division and in this capacity she was, at the time of her death, the lead Prosecutor in a high profile terrorism case, involving suspects in the 2010 terrorist bombings in Kampala. The case was strong and Joan was formidable. 
Just a few days before her death, Joan had shared with a colleague that she had not liked the way one of the accused in the case was staring at her during a recent court session. She said she felt that he was looking at her in a menacing way and it made her feel uncomfortable. Earlier in the case she had asked the presiding judge to not allow the accused to sit in the public gallery but rather to have them seated together within the Court room. The Judge had refused her request stating that it would injure the health of the accused to do so.
Joan Kagezi was a long-time friend of the Women’s Initiatives for Gender Justice.  She was softly-spoken with a calm, unflappable demeanor which belied her steely and unswerving determination and her sharp prosecutorial mind. Working with Joan generated hope that post-conflict Uganda was on the right track and that its judicial system, although struggling, might rise to the challenge. Maybe our work together helped all of us believe that despite the longevity of the conflict and the pain, torment and suffering of multiple generations of northern Ugandans, justice, truth and reconciliation, or something akin to these aspirations, may yet be possible. Read more

Thursday, 23 April 2015

Plea bargain: A case system the judiciary says will curb backlog

Extra-ordinary situations call for extreme measures. This is the critical thinking in the Judiciary and its partners in the Justice, Law and Order sector (JLOS), faced with soaring case backlog, especially in criminal matters.
The population at prisons recently hit a record high – almost eight times their built capacity, and the Judiciary needs a miracle to clear the current case backlog and reduce the congestion.
The numbers
Statistics indicate that of the more than 41,000 inmates in Uganda prisons today, only 18,000 are convicts while the rest have been committed to the High Court awaiting trial.
If all the 54 High Court judges were to fully engage in criminal trials under the colonial and conservative case management system (one case per day), each would be assigned 556 cases, and they would each require not less than 18 months to accomplish the assignment. 
At an average cost of Shs1m per case, this will translate into a whopping Shs30b budget for the assignment.
The bigger problem
However, judges have civil cases to attend to, in addition to more criminal cases the police keep turning in to add on to their baggage. 
Worse still, some judges have been clocking their retirement age, and their replacement is nowhere in sight. The latest to retire include; Edmund Lugayizi, Vincent Kibuuka-Musoke, Anup Singh Choudry, Vincent Zehurikize with Akiiki Kiiza opting for greener pastures.
In the circumstances, JLOS has opted for “Plea bargain” as an alternative to manage case backlog that will lead to the decongestion of prisons. This system is quite popular in the developed world.

So what is Plea bargain?

A Plea bargain is an agreement in a criminal case between the prosecutor and the accused person whereby the latter agrees to plead guilty to a particular charge in return for some concession from the prosecutor. 
A voluntary plea of guilt under this mechanism may see the number or severity of the charges against an accused person or their punishment reduced.
Principal Judge, Justice Yorokamu Bamwine, who also chairs the Plea Bargain TaskForce, told a Consensus Building workshop last year that it was time for action. “My Lords, the situation on the ground as regards workload is alarming…something must be done and we are the people to do it.
“Inmates in prisons are yearning for justice and so are their relatives and friends. We must approach reforms with a purpose. The current initiative is mainly to decongest prisons and make it possible for suspects who want to plead guilty do so at the earliest possible opportunity.”
Rolling it out
This idea was initiated in April 2013 with the appointment of a nine-member Taskforce headed by the principal judge. Others include three High Court judges, the Chief Registrar, a representative of the Attorney General, a representative of the DPP’s office, the commissioner general of Prisons, and a representative of the Uganda Law reform Commission
With support of US-based Pepperdine University, the plea bargain system has taken root in Uganda.
It is likely to become a popular feature in Uganda’s criminal justice system, following a recent successful pilot at the Nakawa High Court circuit. 
The pilot involved cases from Nakawa presided over by Justice Lawrence Gidudu, Mubende -Justice Lamech Nsubuga Mukasa, Koboga - Justice Wilson Masalu Musene, Mpigi - Justice Henry Peter Adonyo and Entebee - Lady Justice Elizabeth Nahamya.
According to Andrew Khaukha, the programme coordinator and Taskforce secretary, out of the original 694 suspected capital offenders targeted, 261 inmates embraced the programme, and agreements were closed in a record three weeks.
“Out of the 261 cases in the pilot project, we secured 60.5 per cent convictions,” explains Khaukha, adding that, “being the beginning, 29.5 per cent suspects dropped off the process along the way – some may have mistaken it for an amnesty of sorts, while others may have joined the programme for selfish reasons.”
So far, the Judiciary has rolled out the programme in three High Court circuits countrywide including, Nakawa, Mbarara and Jinja. Masaka is next in line to be followed by Soroti and Mbale.
He adds, “10 months later, the clearance rate stands at 72 per cent for 826 cases handled in various High Court circuits.”
Testimonies from the pilot project
Susan Wakabala, one of the lawyers involved in this pilot initiative, gave two examples of how the suspects benefited from it.
She explained that one suspect who was facing a charge of aggravated defilement that attracts a maximum penalty of death, was handed 18 years in jail upon embracing the Plea bargain process. 
The other suspect who benefited from the initiative was facing aggravated robbery that also attracts a maximum penalty of death, whose charge was reduced to simple robbery and sentenced to six years in jail.
Given the advantages that the plea bargain initiative has come along with, the Judiciary is looking at extending the programme to Jinja and Mbarara High Court circuits this September where another 390 suspected capital offenders have volunteered to join. 
According to the Director of Public Prosecutions, Justice Mike Chibita, Plea bargain should be embraced at the earliest opportunity even when the case is still at police. “In developed economies such as USA, 90 per cent of cases are plea bargained and yet the country is well resourced, why not Uganda?” he wondered.
The Chief Registrar, Paul Gadenya, says plans are underway for the program to be locally funded through JLOS resources. Read more

Tuesday, 21 April 2015

Supreme Court Criticized As Goodman Gets Shs 21 Billion

When the Constitutional court awarded Shs 12.9bn to little- known lawyer Severino Twinobusingye in 2012, after he had sued government over the Amama Mbabazi oil bribes affair, many Ugandans were shocked by this "exorbitant" amount.
Since then, courts have seemed careful when it comes to awarding costs and damages to litigants. But as DERRICK KIYONGA reports, one unreported case is likely to cause uproar. After 18 years of legal battles, the transport company Goodman Agencies Limited is set get Shs 21bn, following a Supreme court ruling heavily criticized by one dissenting judge. Read more

Bill threatens Rights, Independent Groups

(Kampala) – A proposed bill to regulate nongovernmental groups would severely curb Ugandans’ basic rights, Chapter Four Uganda and Human Rights Watch said today. The bill would subject groups to such extensive government control and interference that it could negate the very essence of freedom of association and expression. A complete version of the bill was published in the government gazette on April 10, 2015, and is expected to be debated in parliament soon.

The new Non-Governmental Organisations (NGO) bill would grant the internal affairs minister and the National Board for Non-governmental Organisations broad powers to supervise, approve, inspect, and dissolve all nongovernmental organizations and community based organizations, and would impose severe criminal penalties for violations. Among several troubling, broad, and vaguely worded provisions, one article would require all organizations to “not engage in any activity which is … contrary to the dignity of the people of Uganda.” Read more

Sunday, 19 April 2015

Kanyeihamba cites bribe-taking judges, scolds ULS


Justice George Kanyeihamba addresses students at a function recently.
 Justice George Kanyeihamba has described Uganda’s Judiciary as “crude and corrupt” and lashed out at the Uganda Law Society (ULS) for doing nothing about it. 

“The law society has been turned. You either change or resign. I spoke publicly about a year ago that one of the judges who was messing up cases and acting unjustly can be impeached under Article 1 of the Constitution. He is one judge who is very corrupt and is known to the ULS, he’s known by the IGG, he is known in the Law Council. There are a number of complaints against him, he’s still a judge,” Prof Kanyeihamba, a retired Supreme Court judge, charged.
He was speaking at the annual Lawyers Day celebrations at Nkumba University at the weekend under the theme “Nation building through facilitating access to justice”. The annual event brings together law students, practicing lawyers, and invited judicial officials.
Prof Kanyeihamba claimed he knows of at least half a dozen of Ugandan judges who receive ‘enkoko’ (chicken or bribes) and alleged that the ULS equally knows them but has not taken any action. He, however, did not mention the names of the judges who receive the said “enkoko”.
However, Mr Ernest Kalibbala, the vice president of the Uganda Law Society, expressed ignorance of the society ever receiving such a complaint of a notorious corrupt judge.
Mr Kalibala added that it should have been the responsibility of Justice Kanyeihamba to expose such a judicial officer since he has been close with the Judiciary. Read more

In support of Mulira on corruption in Judiciary

Last Sunday, New Vision sought my opinion on senior advocate Peter Mulira’s letter to the learned Lord Chief Justice Bart Katureebe on corruption in the Uganda Judiciary. Mulira was mourning the reported and proven rampant corruption in the Judiciary. 
Mulira’s letter was copied to President Museveni. I have occasionally disagreed with Mr Mulira on some legal issues and their interpretations.
On this occasion, however, I am in total agreement with him. The evidence exposing corruption cases, partiality and biased or corrupt judgments by judges, judicial officers and clerks is heavier than all the crude oil in South Arabia.
President Museveni himself knows most of the serious offences in the Judiciary but chooses to utilise them for political advantage.
The Speaker of Parliament knows about it but politically ignores it because she has hidden the petition in her inner chambers and failed to organise the debate murk that has eaten into the very souls of judges, registrars and magistrates.
Retired Chief Justice Benjamin Odoki was deeply aware and often spoke about it but failed to act or combat it effectively.
The newly appointed Chief Justice is painfully aware of how destructive of justice it is and that is why all Ugandans are anxiously waiting for the execution of his public promise to fight it successfully or else.

Some Ugandan Muslims retreat in fear amid police hunt

Kassim Segawa prayed inside his local mosque near Uganda's capital but, instead of being in the company of scores of the faithful, on this day he was alone.
A crackdown by Ugandan police on suspected Islamic extremists has sent a current of fear through the Islamic community, especially in the Masjid Taqwa mosque whose imam — a former Guantanamo Bay prisoner — was recently arrested.
"I am a brave man to come here to pray today," said Segawa after he rose from the carpets and mats on the floor of the Masjid Taqwa mosque, a nondescript building on the edge of a slum, stepped outside and slid the lone pair of sandals onto his feet. "We are living with a lot of fear these days."
The crackdown was precipitated by the murder on March 30 of a top Ugandan prosecutor who was the lead prosecutor in the case of a dozen men accused of bombing two sites where soccer fans had gathered to watch the 2010 World Cup final. Al-Shabab, the Somali Islamic extremist group, claimed responsibility for that attack which killed at least 70 people. Read more




Dr Kiyingi Vows to 'Expose' Museveni

Wanted by police for treason, Dr Aggrey Kiyingi, an Australia-based heart surgeon, has said he will run for president despite the threats of arrest.
Dr Kiyingi also warned that he would expose what he called President Museveni's dirty political tricks. In an email to The Observer on April 15, Kiyingi denied receiving any summonses to appear before a Ugandan court to answer treason and murder charges.
He accused the president of fabricating the said charges out of fear of the challenge he poses to Museveni's political life. Early this year, Kiyingi declared his intention to run for president. The announcement, which surprised Ugandans as Kiyingi was previously not known to be political, came shortly after he had been named in alleged subversive activities.
Commenting on the charges he faces, Kiyingi said: "I am only aware of what at the moment I describe as baseless allegations made in Ugandan newspapers about my alleged criminal role in various killings in Uganda."
He said he had not been officially contacted by any court of law or the Ugandan government. The cardiologist, who moved to Australia in 1981, said he is not intimidated by "the Ugandan dictator" who has ruled Uganda for 29 years.
Kiyingi compared Museveni to Zaire's Mobutu Sese Seko and Egypt's Hosni Mubarak both of whom were driven from office, the former after an insurgency and the latter in a popular uprising. Read more

IGG Accuses Police of Interference

Inspector General of Government Irene Mulyagonja today accused the police of interfering with her investigations.
Mulyagonja appeared before the parliamentary committee on Legal and Parliamentary Affairs to defend the IG's Shs 37.7bn budget for the fiscal year 2015/16. She pointed an accusing finger at police when Bugweri MP Abdu Katuntu (FDC) and Busiro East MP Medard Sseggona (DP) said she only goes for the "small fish" and lets the sharks swim freely.
In response, Mulyagonja said some big people walk away because there are several parallel investigating agencies including the police.
"That conflict between the IG and the police is live [but] I would like to know which body has powers to investigate and prosecute procurement and it has got to be resolved; where do the powers of the police on investigating procurement stop and begin because the police has more resources than we have. For instance, when they were investigating the OPM [Office of the Prime Minister], they could deploy about 15 officers on one beat, but the best we can do is to get four officers," Mulyagonja said.
She also attacked the courts for downplaying the institution's powers.
"The attitude of the court towards the Inspectorate of Government in procurement is bad. There are these small cases we have successfully investigated, but when it came to Karuma [dam project]; the issue was that we don't have the jurisdiction to investigate the procurement cases," she said. Read more

UK to jail Ugandan diplomats over fraud, tax evasion

TWO Ugandan diplomats will soon find out how long they will be locked up in a jail in the UK after court found them guilty of fraud and tax evasion relating to duty-free goods. Diplomats are exempt from paying duties and taxes on cars, food and electrical appliances that they bring into the country, but they are not allowed to abuse the privilege. 
According to the Minister of State for Foreign Affairs, Okello Oryem, the Government received a guilty verdict for the two unnamed diplomats whose conduct has caused embarrassment. “The trial of the two has been concluded and they will soon be sentenced. I have been informed that crimes of that nature carry a jail term ranging from seven to 14 years,” Oryem told lawmakers on the foreign affairs committee on Wednesday. 
However, MPs heard that upon smelling a rat, one of the diplomats, only identified as Ndawula, escaped the clutches of the UK law enforcement officers and is suspected to be on the run. “We have already alerted Interpol and hopefully he will be extradited to the UK to face justice,” Oryem said. According to the Vienna Convention on Diplomatic Relations (1961), diplomats enjoy immunity from legal prosecution in host countries unless their home countries choose to waive it. Read more

Thursday, 16 April 2015

Cost of securing Uganda’s judicial officials


 A fortnight ago, senior state attorney Joan Kagezi was shot dead in Kiwatule, a Kampala suburb, as she made a stopover to buy fruits at a roadside stall. The shocking incident sparked debate on the safety of judicial officials.
Ms Kagezi, was a prosecutor of the July 2010 terror attack case, and had no escorts at the time her killers gunned her down.
In the aftermath of her death, Internal Affairs minister Aronda Nyakairima said Ms Kagezi had guards while Justice minister Maj Gen Kahinda Otafiire said government was yet to deploy guards for some judicial officials.
However, it’s now emerging that Ms Kagezi might not have got personal security because her position was below those entitled to escorts and guards. 
Police spokesman Fred Enanga said officers at her level are not entitled to police security unless there are likely threats on their lives.
“That is what we are doing right now to some judicial officers whom we have given security. Others will enjoy general security which we are strengthening,” Mr Enanga said. 
Of the 654 judicial officials including judges, prosecutors and magistrates, only 74 are entitled to personal security. Judicial officials with the privileges of personal security are judges of the High Court, Court of Appeal and Supreme Court. Each judge is given an escort and three to five police guards at his or her residence. The Director of Public Prosecutions and the deputy too get the same security detail. 
If the remaining 585 judicial officials are also given personal security, a total number of police officers to protect them would be around 2,000 for just 12-hour security service. 
It should however, be noted that after the killing of Special Police Constable Aristo Rwegimana, after leaving his guard station at the home of Dr Jimmy Samanya, the permanent secretary of ICT ministry, at Namere village in Kanyanya in 2013, police rules were changed.
New police standards phased out a single police officer guarding a residence and recommended a minimum of two officers at a time.
So it would require at least six officers to protect the life of a judicial official for 24 hours. This means the total number will double to 4,000 police officers.
Mr Solomon Muyita, a senior communication officer of the Judiciary, said some chief magistrates, especially those based in urban areas, have expressed fear for their lives. Read more

Wednesday, 15 April 2015

Time to Review Judiciary Budget

During the Uganda National Journalism Awards gala last Wednesday, chief justice Bart Katureebe made a passing remark about The Observer.
He said there was a story in that day's edition of the newspaper, which he liked very much, and it is a story worth returning to today(See Low funding breeds tension in the judiciary, The Observer).
The story explored simmering tensions in the judiciary, related to management of finances. It showed that some judicial officers were dissatisfied with the way money was used, but concluded that the root cause of the problem was the inadequate funding of the sector.
For instance, although the judiciary sent in a budget request of Shs 332 billion, the envelope from the executive contained only Shs 77bn. This was supplemented by Shs 8bn from donors, to make a total sector funding of Shs 85bn. This means the judiciary got 25.6 per cent of the money it needed to meet its objectives. It can't recruit enough judges and can hardly do much of the infamous case backlog.
We are aware that money is never enough; but clearly, the executive arm of government should be trying to meet the judiciary further up the road - rather than 'quarter-way'.
Significantly, our story also explored feelings among judicial officers that even the small bud- get that the sector gets needed to be spent better. There was an attempt to separate money going directly into case adjudication from that going into facilitating the officers and offices of the judiciary.
Obviously this dis-aggregation was contested by the judiciary management, who said that even those other 'operational' costs were also case adjudication costs. And one has to cede their point: travelling abroad, holding conferences, renting offices, buying refreshments for judges or paying night allowances for their travelling drivers are integral to the functioning of the judiciary. Read more

Tuesday, 14 April 2015

Chief Justice Officiates at The Second Uganda National Journalism Awards

Daily Monitor winners, managers and editors pose for a photo with Chief Justice Hon. Justice Bart Katureebe (5th L) at the second Uganda National Journalism Awards in Kampala on Wednesday
It is indeed an honour and privilege for me this evening to officiate at this second edition of the Uganda National Journalism Award ceremony. This award is aimed at improving the quality of journalism in Uganda by inspiring and recognizing excellence in reporting on public affairs.
Journalist and the media as a whole, in any democratic society play a critical role in holding, receiving and imparting all forms of opinions, ideas and information.

Therefore, the importance of recognizing and inspiring those gallant men and women who devote their time, energy and effort to excel in this profession cannot be overemphasized.
It is because of this critical role played by the press and the media that any democratic society must uphold freedom of speech and expression. Indeed, a democracy cannot exist without freedom to express new ideas and to put forward opinions about the functioning of public institutions. The concept of free and uninhibited speech permeates all truly democratic societies and institutions.
Uganda, like any other democratic society, is committed to uphold, protect and promote the right to freedom of speech and expression. It is for that reason that the right is entrenched in the most binding instrument on the land, the Constitution. The Constitution guarantees to every Ugandan the right of freedom to hold opinions, receive and impart ideas and inform without interference.
This commitment is not only found in the Constitution but also in other legislation like, The Press and Journalism Act, The Access to Information Act, and The Uganda Communications Act.
In addition, Uganda is signatory to international conventions such as the Universal Declaration for Human Rights, the International Convention on Civil and Political Rights, The International Convention on Economic, Social and Cultural Rights and the African Charter on Human and People’s Rights, which guarantee freedom of speech and expression. 
The Uganda Constitution provides in Article 29(1) (a) that;
"Every person shall have the right to freedom of speech and expression which include freedom of the press and other media.”
Article 41(1) states that;
"Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to privacy of any other person.”
Article 20(1) of the some Constitution acknowledges that; 
"Fundamental rights and freedoms of the individual are inherent and not granted by the State.”
In addition, Article 20(2) enjoins all organs and agencies of government and all persons to respect, uphold and promote the rights and freedoms of the individuals and groups enshrined in the Constitution.
It is, however, worth noting that the right to freedom of speech and expression is not absolute. They may be restricted. However, any such restriction or limitation must be within strictly and narrowly defined parameters.

Article 43 of the Constitution provides general limitations on fundamental and other human rights and freedoms which include freedom of speech and expression. It states that;
"(1) In the enjoyment of the rights and freedoms prescribed in this chapter, no person shall prejudice the fundamental or other human rights and freedoms of others or the public interest. 
(2) Public interest under 
(a) political persecution
(b) detention without trial; 
(c) any limitation of the enjoyment of the rights and freedoms prescribed by this chapter beyond what is acceptable and demonstrably justifiable in a free and democratic society, or what is provided in this Constitution.”
The coexistence in the same Constitution, of protection and limitation of the rights, necessarily generates two competing interests.
On the one hand, there is the interest to uphold and protect the rights guaranteed by the Constitution. On the other hand, there is the interest to keep the enjoyment of the individual rights in check, on social considerations, which are also set out in the Constitution. Where there is conflict between the two interests, the courts have and will continue to come up to resolve it having regard to the different objectives of the Constitution.
Onyango Obbo vs. Attorney General
You will recall that in 2004, the Supreme Court in the case of Charles Onyango Obbo and Another versus the Attorney General (Constitutional Appeal No. 2 of 2002), declared section 50 of the Penal Code Act which criminalized publication of a false statement, rumor or report which is likely to cause fear and alarm to the public or to disturb the public peace as being inconsistent with article 29(1)(a) of the Constitution.
In the lead judgment of Hon. Justice Joseph Mulenga, with which all the other justices of the Supreme Court concurred, he went at great length to explain the above constitutional provision in five critical areas, that is, freedom of expression in a democracy, falsity and freedom of expression, limitation on freedom of expression, the standard of limitation and prejudice to the public interest. On freedom of expression in a democracy, he stated; "... the right to freedom of expression is of great significance to democracy. It is the bedrock of democratic governance. Meaningful participation of the governed in their governance, which is the hallmark of democracy, is only assured through optimal exercise of the freedom of expression. This is as true in the new democracies as it is in the old ones.”

On falsity and freedom of expression, he had this to say;
"Subject to the limitation under Article 43, a person’s expression or statement is not precluded from the constitutional protection simply because it is thought by another or others to be false, erroneous, controversial or unpleasant.
Everyone is free to express his or her views. Indeed, the protection is most relevant and required when a person’s views are opposed or objected to by society or any part thereof, as ‘false’ or ‘wrong’.”
On limitation on freedom of speech and the standard of the limitation stipulated in Article 43 of the Constitution he stated that;
"In other words, by virtue of the provision in clause (1), the constitutional protection of one’s enjoyment of rights and freedoms does not extend to two scenarios, namely: (a) where the exercise of one’s right or freedom "prejudices” the human right of another person; and (b) where such exercise "prejudice” the public interest. 
It follows therefore, that subject to clause (2), any law that derogates from any human right in order to prevent prejudice to the rights or freedoms of others or the public interest is not inconsistent with the Constitution. However, the limitation provided for in clause (1) is qualified by clause (2), which in effect introduces "a limitation upon the limitation.”
It is apparent from the wording of clause (2) that the framers of the Constitution were concerned about a probable danger of misuse or abuse of the provision in clause (1) under the guise of defense of public interest.
For avoidance of that danger, they enacted clause (2), which expressly prohibit the use of political persecution and detention without trial, as means of preventing, or measures to remove prejudice to the public interest.
In addition, they provided in that clause a yardstick, by which to gauge any limitation imposed on the rights in defense of public interest. The yardstick is that the limitation must be acceptable and demonstrably justifiable in a free and democratic society. This is what I have referred to as "a limitation upon the limitation”.
The limitation on the enjoyment of a protected right in defense of public interest is in turn limited to the measure of that yardstick. In other words, such limitation, however otherwise rationalized, is not valid unless its restriction on a protected right is acceptable and demonstrably justifiable in a free and democratic society.”
As regards prejudice to public interest he held that the prejudice must be real and not speculative or conjectural mischief. He stated; 
"Clause (1) of Article 43 allows for derogation of rights, or limitation of their enjoyment, in respect of two exceptional circumstances or scenarios, namely, where the enjoyment, of one’s right "prejudices” either the personal rights of others or the public interest.
Those are grave circumstances presenting actual mischief or danger to "the rights of others” or to "the public interest”. In those exceptional circumstances, the Constitution allows for derogation or limitation in order to avert or remove real mischief or danger. The clause does not expressly or implicitly extend to a third scenario, where the enjoyment of one’s right is "likely to cause prejudice”.
I do not understand the clause to permit derogation of guaranteed rights or limitation of their enjoyment, in order to avert speculative or conjectural mischief or danger to public interest.”
He held that Section 50, however, relates precisely to that third scenario and was therefore inconsistent with Article 29(1) of the Constitution.
In 2007, the Constitutional Court also nullified Section 32 of the Police Act that gave police powers to control public assemblies and demonstrations.
In the lead judgment of Justice Constance Byamugisha, JA, she stated that; "A society, especially a democratic one, should be able to tolerate a good deal of annoyance or disorder so as to encourage the greatest possible freedom of expression, particularly political expression.”

In 2010, the same court annulled section 39,40,41,42 43 and 197 of the Penal Code Act that created the offence of sedition.
The court relied on the case of Charles Onyango Obbo, Supra, and held that those sections of the Penal Code Act were in conflict with Article 29 of the Constitution. In their words they said; 
"Our people express their thoughts differently depending on the environment of their birth, upbringing and education.
While a child brought up in an elite and God-fearing society may know how to address an elder or leader politely, his counterpart brought up in a slum environment may make annoying and impolite comments, honestly believing that, that is how to express him/herself.
All these different categories of people in our society enjoy equal rights under the Constitution and the law. And they have equal political power of one vote each. That explains Counsel Kenneth Kakuru‘s observation that during elections, voters make very annoying and character assassinating remarks and yet in most cases false, and yet no prosecutions are preferred against them.
The reason is because they have a right to criticize their leaders rightly or wrongly. That is why he suggested, rightly so that leaders should grow hard skins to bear. We find that, the way impugned sections were worded have an endless catchment area, to the extent that it infringes on one’s right enshrined in Article 29(1) (a). We answer issue one in affirmative and in favour of the petitioners.”
Therefore, all these court pronouncements go to show that the courts have come out clearly to defend freedom of speech and expression. With the press becoming more and more vibrant, more of such cases are likely to come to the courts for interpretation.
As the head of the Judiciary, I wish to reassure the public and especially members of press and other media that the Judiciary is committed, and will continue to guard jealously, the right to freedom of speech and expression in addition to other rights enshrined in our Constitution.
This, of course, is not to say the press/media is free to write whatever they please. There are, for instance, some serious concerns in regard to the manner in which the media has and continue to conduct itself.
What is the duty of the press to society? There is need to protect other individuals who may be injured by the media.
Sometimes, one’s freedom of expression and press clashes with other individual’s rights. 
This gives rise to actions for defamation, libel or slander. Here, the court must play a balancing act of the need to promote freedom of expression, while at the same time protecting the right of others. This is what the Constitution demands, i.e. that the enjoyment of one’s rights must not prejudice the rights of others.
Vices such as sensationalism, distortion and inaccuracies, being insensitive to people’s lives, lack of fairness (not giving all sides opportunity to be heard), partisanship, extortion and blackmail, accepting money to publish or ‘kill’ stories, lack of sufficient rigor and analytical depth, insufficient investigation and research, inadequate knowledge of the subject being covered, invasion of privacy and attention to profit at the expense of public interest have been singled out.
As we approach election period and given the charged nature of our competitive electoral politics, there will inevitably arise questions of accuracy in reporting, access by politicians from all sides to both private and public media, hate speech, etc.
No matter the side you are on, the need to keep your proper journalistic standards must not be lost sight of. Responsible reporting will promote healthy debate of national issues. Petty and narrow reporting in my view distorts the debate.
-We know what Radio Mille Colline did in Rwanda!
-Why would a responsible media house refuse a politician of a different view point from airing his/her views on that radio, TV or press? True professionals should encourage, not stifle debate. 
All these call for high level professionalism and impeccable moral conduct. The media council and Uganda Communications Commission should encourage self-regulation.
Awards like these are important elements of self-regulation. I am told the entries in the competition are judged against the following criteria; reporting accuracy and comprehensiveness; writing style, language and storytelling technique; originality and enterprise in reporting; reporting rigor, depth and breadth of discussion and engagement; skill in use of journalism tools for original reporting; insight, analysis and examination of the context of story, relevance and public impact or benefit. These are the kind of things for which every journalist should want their work to be judged.