Stick to Ethics Despite Low Pay - Katureebe

Chief Justice Bart Katureebe has warned lawyers against violating the professional code of conduct, saying this puts their profession in disrepute.

In a speech read for him by Justice Stella Arach of the Supreme Court during a dinner organised by Uganda Christian Lawyers Fraternity (UCLF) in Kampala to celebrate 10 years of legal aid service in Uganda, Mr Katureebe noted that the low pay lawyers get should not be used as an excuse to compromise professional standards.

"We have lawyers who join the profession to make money at any cost. We need to help each other to overcome unethical practices," Justice Katureebe said.

He said legal aid is very essential in providing individuals with access to justice. He challenged the members of UCLF and the Uganda Law Society to use both government and non-government initiatives of legal aid to serve the poor. 

The Chief Justice, who commended UCLF for 10 years of providing legal aid, also said legal aid helps to ensure that welfare provisions are enforced by providing people entitled to welfare provisions, such as social housing, with access to legal advice in court. Read more

African Court begins 39th Ordinary Session in Arusha

THE African Court on Human and Peoples' Rights (AfCHPR) started its 39th Ordinary Session of the Judges to run until 20 November, 2015 at its seat in Arusha, Tanzania.

The Judges, among others, will deliberate on over 30 applications and requests for Advisory Opinions.

On 20 November, the Court is expected to deliver judgment in Application 005/2013 (Alex Thomas versus the United Republic of Tanzania).

Thomas, who has been imprisoned for 30 years for robbery, is seeking from the African Court remedies, among others, on alleged wrongful conviction and unfair trail he received in his native Tanzania in 1998 and which was upheld by the Court of Appeal in 2009.

Immediately after the 39th Ordinary Session, the Court will commence its 7th Extra-Ordinary Session from 23-27 dedicated to the review of the Rules of Court.

The African Court is an organ of the African Union composed of eleven judges, nationals of member states of the African Union elected in their individual capacity.

Uganda is represented by Justice Solomy Balungi Bossa, a former judge with the High Court of Uganda, where she served for sixteen years. Read more

Pension scam suspects denied bail, again

The Anti-Corruption Court in Kampala has denied bail to three pension scam suspects undergoing trial.

High Court Judge, Lawrence Gidudu today morning declined to release Jimmy Lwamafa, Christopher Obey and Stephen Kunsa Kiwanuka on bail.

Gidudu explained that the continued stay of the suspects in Luzira prison has seen the case take off, compared to the earlier Shs 165bn case that was dismissed.

The judge also observed that despite the suspects producing substantial sureties, they did not have the capacity to pay the Shs 88bn in question in case the suspects fled.

Justice Gidudu promised to hear the case within one month, and to set the suspects free if he finds they do not have a case to answer.

Defense lawyers had also argued that the suspects would not flee the country, since they deposited their passports with the court. Justice Gidudu said there are many suspects who have managed to leave the country, even with their passports in court. 

In his ruling, Gidudu said that despite the suspects presenting exceptional circumstances for bail like advanced age and ill health, they cannot outweigh the colossal amounts of money in the case. Read more

2010 bombing trial: Kenyan police officer contradicts himself

The defence lawyers in court

On Monday, the High court, which is trying the 13 men accused of having masterminded the Kampala twin bombings of July 11, 2010, got heated up when Kenyan police officer Paul Maingo contradicted his evidence under  cross-examination by defence lawyers led by Caleb Alaka. 

Maingo had earlier told Justice Alfonse Owiny-Dollo’s court  that $35,990 (about Shs 138.8m), which allegedly financed the plot to bomb Kampala, was wired from UK by one Omar Aziz Omar to suspect Omar Awadh Omar who was in Kenya.

But during cross-examination, Maingo failed to prove that indeed Omar Awadh Omar was the recipient of the money. SIRAJE LUBWAMA and DERRICK KIYONGA  recorded the proceedings and below are excerpts:


Clerk: Uganda Vs Hassan Hussein Agade and 12 others.
Alaka: For the record, I am Caleb Alaka, the defence lead counsel. My lord, we are ready to cross examine the witness. Mr Paul Maingo, let’s start with your self-recorded statement. You said you received information in May 2010 that Omar Awadh Omar was hosting suspicious people at his residence and that when you went there to check, you recovered a lot of military fatigues which included military uniforms, military bags and boots. Is it a crime in Kenya for a civilian to be found with such military fatigues?

Maingo: It is a criminal offence.
Alaka: Why is it a crime?
Maingo: I don’t know.
Judge: [Shocked] You don’t know why it’s a crime? Can you imagine if everybody is allowed to put on military fatigue what would happen?
Alaka: Has Omar Awadh Omar ever been in the Kenyan military?
Maingo: I don’t know.
Alaka: Omar Awadh Omar was arrested, interrogated and was released. Is that true?
Maingo: That is true.
Judge: Why didn’t you tell court why he was released?
Maingo: A file was opened and it was sent to the DPP [Director of Public Prosecutions] who advised that he should be released.
Alaka: Is that in your statement?
Maingo: No.
Alaka: Are you sure about that? Look at your statement; is it true you interviewed Hassan Hussein Agade [the accused]?
Maingo: Yes and he confessed that he was involved in the [bomb] attack in Kampala. He also said Omar Awadh Omar was involved in the planning of the attack. He said he had saved Omar’s line in his phone as ‘Boss.’ He also said that he used to get money from the Boss [Omar Awadh Omar].

Alaka: When you were interviewing Hassan Hussein Agade, what was your rank?
Maingo: Superintendent of Police.
Alaka: As superintendent of police, when you get a suspect of that nature, what do you do?
Maingo: I give instructions to a junior officer to record a statement.
Alaka: Did you give an order?
Maingo: Yes, I did.
Judge: Yesterday you told me you interviewed him personally.
Maingo: I was in a group of other police officers.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: He confessed verbally.
Alaka: Did you take a confession statement of Hassan Hussein Agade?
Maingo: I did not.
Alaka: Do you have anything to show court that Agade confessed?
Judge: If someone says I am the one who killed that person, what does the law say?
Maingo: He makes a confession.

Alaka: According to Kenyan law, a police officer who records a confession statement is supposed to be at what rank?
Maingo: Inspector of police.
Alaka: Is Superintendent of Police above the rank of Inspector of Police?
Maingo: Yes.
Alaka: Did you record one [confession statement]?
Maingo: No, I didn’t know who recorded it but what I remember is a confession was recorded.
Alaka: Did you see one [recorded statement]?
Judge: And this is a senior police officer [Maingo] who knows the procedure. If there is no confession, there is supposed to be a charge and caution statement; there seem to be none.
Alaka: Let’s go to the money as per your statement. Were you there when Ali Musa collected the said US$ 35,990 that allegedly facilitated the Kampala terror activities?
Maingo: No.
Alaka: Did the Qaran forex bureau manager tell you if it was Omar Awadh Omar or Ali who collected the money?
Maingo: No.

Alaka: You received that information in July 2011?
Maingo: In my statement, I indicated July but it was June.
Alaka: You made this statement in September 2011. So, after five years, you now recall it is not July but June?
Maingo: The $35,990 was sent from UK by Omar Aziz Omar to finance terror activities. [Laughter in court]
Alaka: Where did you get information that this money was in US dollars?
Maingo: From the manager of Qaran Express forex bureau.
Alaka: Does that document [printout for Qaran forex bureau] talk about the kind of currency?
Maingo: No.
Alaka: A person reading that printout cannot know that it was in US dollars.
Maingo: I put it in my statement that the money was in US dollars.
Alaka: Does your statement say Mohammad Mogi, the manager of Qaran forex bureau, wired this money on different days till June 2010 in US dollars?
Maingo: I interviewed Mogi.
Alaka: Did he tell you that the money was in US dollars or does the printout show that this money was either in pound sterling or in US dollars or is it indicated in you self-recorded statement?

Maingo: It is not there.
Alaka: Did you establish that any of that money was used to assemble devices which were used to bomb Kampala?
Maingo: I attended the interview but I did not know whether the money from Omar Awadh Omar was used for devices which were used to bomb Kampala.
Alaka: Did you make further analysis whether this money left the forex bureau? 
Maingo: There is no such indication.
Alaka: Did you establish whether any of this money was used to pay suicide bombers?
Maingo: No.
Alaka: Did you get bank statements for any of the accused persons?
Maingo: No.
Alaka: Did you establish whether any of the money was sent to Kampala by Omar Awadh Omar?
Maingo: I did not.
Alaka: You did analysis and found out that Safaricom line No. 0727-555-555 was registered in Omar’s names. Did you find out in your analysis whether it had M-Pesa transactions?
Maingo: No, I didn’t.
Alaka: Was it not important to analyse?

Maingo: To me, it was not important.
Alaka: What is M-Pesa?
Maingo: Sending or receiving money by phone.
Alaka: Did you find out what work Omar Awadh was doing?
Maingo: No.
Alaka: Did you interview Isa Luyima [accused] or any of the accused persons?
Maingo: No.
Alaka: Did you indicate the amount of money Hassan Hussein Agade used to receive?
Maingo: No.
Alaka: Did you analyse Hassan Hussein Agade’s CDR [Call Data Record]?
Maingo: I did not.
Alaka: Did you establish whether the mobile number ending with 555 used to call Omar Awadh Omar the boss?
Maingo: No.
Alaka: Look at the printout of Qaran Express bureau; does it bear a date it was printed?
Maingo: It is not indicated on the printout but it was printed on 4th July 2011.
Alaka: Does the printout bear the name of the person who printed it?

Maingo: It doesn’t but it indicates Mohammed Mogi as a payee.
Alaka: Does the document indicate how money was transacted?
Maingo: It indicated phone number 0727-555-555 as the contact number.
Alaka: Does it show that the money was paid to Omar Awadh Omar?
Maingo: It does not indicate.
Alaka: Did you get the mobile number of Qaran express forex bureau’s Mohammed Mogi?
Maingo: It is in my notebook.
Alaka: Did you make any analysis as to whether there was a phone contact between Mogi and Omar Awadh Omar?
Maingo: No, I didn’t.
Alaka: Is Mogi a Kenyan name?
Maingo: I don’t know.
Alaka: In the whole of Kenya, is there any name called Musa Dhere?
Maingo: I don’t know.
Alaka: Is Musa Dhere’s phone number or photograph reprinted in that printout?

Maingo: No, my lord.
Alaka: Do you know the meaning of the word Dhere?
Maingo: I don’t know.
Alaka: Is it a Kenyan name?
Maingo: I don’t know.
Alaka: Did the Qaran [forex bureau] manager record Dhere’s identity card?
Maingo: No, he did not.
Alaka: You talked of a transaction from 15th November 2009, 11th December 2009 and 4th June 2010; does it indicate who paid the money?
Maingo: It does not indicate the payee.
Alaka: Is a person called Faisal you talk about indicated in the printout?
Maingo: No, my lord.
Alaka: Does the death of Musa Dhere, whom you claim was shot in Somalia, appear in your document?
Maingo: No, it is not there.

Alaka: Is it indicated anywhere that Mohammed Hamid or someone else took money on behalf of Omar Awadh Omar?
Maingo: No, it does not show.
Alaka: Are you sure Omar Awadh Omar was arrested from Uganda?
Maingo: I was informed.
Alaka: Has [the] Kenyan government ever requested the extradition of Omar Aziz Omar from UK?
Maingo: No.
Alaka: Did you or Corporal Jackson Chacha of Kenya anti-terrorism police establish the relationship between the mobile number ending with 555 and the UK telephone numbers?
Maingo: None of us established.
Alaka: There is evidence that there were other numbers from UK that were in contact with a telephone number that ends with 555.
Maingo: I don’t know.
Alaka: You linked Omar Awadh Omar to Ali Musa just because of the telephone communications on mobile number 0727-555-555?
Maingo: Yes.
Alaka: No further questions. Read more

Judge threatens to quit 2010 terror case

Justice Alfonse Owiny-Dollo

The ongoing trial of 13 men accused of masterminding the July 11, 2010 twin bombings in Kampala took a dramatic twist on Tuesday when the presiding judge threatened to quit the case.

Justice Alfonse Owiny-Dollo made the threat after the state failed to produce two different sets of witnesses from Uganda and Tanzania, claiming that they were busy with election-related activities in either country.

“It seems now [that] politics is more important than justice. I’m warning you, Counsel [Suzan Okalany]; if you don’t bring witnesses tomorrow [Wednesday], I will adjourn this case to the next convenient session,” he said.

“This case is either through with me or I am through with it. Even if the witnesses are in Kisoro or Yumbe they should be here by tomorrow.”

Justice Owiny-Dollo’s outburst came after Okalany, the senior principal attorney prosecuting the case, asked the judge to adjourn to next week awaiting Tanzanian witnesses.

“The Tanzanian DPP [Director of Public Prosecutions] informed me that they [witnesses] couldn’t make it because they are having several issues in their country due to elections. We beg for your indulgence, my lord. They will be here [Uganda] next week,” Okalany said. Read more

Court Ruling - More Freedom or Rebellion in Parliament?

Leaders in Moyo and Adjumani districts have raised concern over irregular High Court sessions, which they say have led to increased congestion in prisons.

The concerns were raised during a meeting of district chain-linked committee of prisons, police, district and ministry of Justice officials held in Moyo District last week.

Ms Jackie Bako, the Resident State Attorney for the two districts, said the delayed High Court sessions in the districts have led to denial of justice to some suspects who have overstayed on remand.

The regional CIID officer for North Western Region, Mr Christopher Obia, said: "the last High Court session to sit in the district was in 2014, something that is violating the rights of suspects".

Mr James Nzunzu, the officer in charge of Onigo Government Prisons in Moyo, said the facility is facing extreme challenges of prisoners who have completed their remand period but have not been tried.

Mr Godfrey Kaweesa, the chief magistrate for Moyo and Adjumani, said the concerns of the leaders were valid and needed to be addressed by the concerned authorities in the Justice ministry. Read more

Signing Ceremony for an International Crimes Chamber

The Secretary General of the Supreme Court, Ms Beth Murora, on behalf of the Judiciary, signed a contract of building a High Court Chamber for International Crimes (HCCIC). The ceremony took place at the headquarters of the Supreme Court on 19 October 2015. They were present in the ceremony, the Chief Justice, Prof. Sam Rugege and Mr Pieter Dorst, Head of the Cooperation in the Kingdom of the Netherlands Embassy in Kigali. The Kingdom of the Netherlands accepted to finance this project of the construction, while the construction works are in the hands of Horizon Construction Ltd.

The Chief Justice, in his short remarks, said that he trusted this company because it has lots of experience. The Chief Justice hailed also the Kingdom of the Netherlands for the funds provided to build the court that will judge suspects of the 1994 genocide living abroad. As for the Secretary General, Ms Beth Murora, told the press that the Chamber of the High Court in charge of trying international crimes is working in the premises of the High Court of Kigali, but that it needs its own building with due modern equipment. Construction works will last twelve months.

The court will be built in Nyanza district in the South Province, and it will cost two billion three hundred fifteen million. The building contractor was represented by Mr Maurice Nyaruhirira who signed the contract while Tecos, in charge of supervision of works, was represented by Dr Augustine Bizimana. The ceremony was also attended by the Prosecutor General, Mr Muhumuza Richard and various officials of the judiciary and Rwanda Housing Authority. This article was published on the Rwanda Judiciary Website on October 20, 2015

Principal Judge shuffles High Court Judges - 22 High Court Judge Positions Still Vacant

The Principal Judge Hon. Justice Dr. Bamwine

The Principal Judge, Hon. Justice Dr. Yorokamu Bamwine made changes in the High Court, re-deploying some Judges and assigning others extra responsibilities.

According to an Administrative Circular No. 01. Of 2015 issued on October 8, the changes are intended to fill gaps left by some retiring Judges, those on special assignments and Judges recently elevated to the Court of Appeal.

The Circular also reveals that there are currently 22 vacant Judge positions in the High Court.

At least 11 extra Judges are required in the Criminal, Family, Land, Commercial, and International Crimes Divisions of the High Court – each with two vacancies, and the Anti-Corruption Division with one vacancy. Another 11 judges are required in the High Court Circuits of Lira, Arua, Masaka, Mbale, Soroti, Gulu, Fort Portal, Kabale, Jinja, Masindi, and in the Central Circuit at Nakawa – each with one vacancy. 

"Following the recent appointments within the judicial service and in consultation with the Hon. Chief Justice, the following changes take effect,” wrote Hon. Justice Bamwine.

The deployments are subject to the Judges’ completion of partly heard cases in advanced stage at old stations, with December 31, 2015 being cut-off date, according to the Circular.

"As per the advice of Parliament to the appointing authority, promoted Judges are to first complete writing the pending judgments/rulings in matters they have completed hearing before assuming their new positions,” wrote Hon. Justice Bamwine. View New Postings here

Uganda's supreme court rules maternal health suit must be heard

Health rights activists in Uganda have hailed a supreme court ruling that the constitutional court must hear a petition on whether the government is liable for failing to provide decent maternal health services.

In a unanimous decision, the constitutional court was found to have wrongfully dismissed a 2012 petition that argued the Uganda government should be held liable for failure to provide sound maternity services, a shortcoming that claims the lives of an estimated 16 Ugandan women a day. The petition was filed by health campaigners and led by the Center for Health Human Rights and Development (Cehurd). 

According to official figures, for every 100,000 live births in Uganda, 435 mothers die from pregnancy- and birth-related complications.

The case related to Sylvia Nalubowa, who in 2009 died at Mityana hospital, a government facility in central Uganda, following an obstructed labour.

Fifteen months later, Jennifer Anguko, a local government councillor, died in Arua regional referral hospital in north-west Uganda. She also suffered an obstructed labour.

In both cases, there were reports that medical staff had demanded money before attending to the women and neglected their duties. Read more

Court Issues New Order On Land

It is now a crime for the government to acquire citizens' property before they are compensated, the Supreme Court has ruled. Court yesterday outlawed government's compulsory acquisition of private land before compensating owners.

This followed a decision by the Supreme Court dismissing an appeal in which the Uganda National Roads Authority (UNRA) challenged a decision that trims government powers of acquiring citizens' land prior to payment of compensation.

A decision by the Highest Appellate Court yesterday upheld a judgment of the Constitutional Court that declared Section 7(1) of the Land Acquisition Act as unconstitutional and in contravention of Article 26 of the Constitution.

The court nullified the section giving government powers to take possession of citizens' land before compensation citing violation of the right to property.But UNRA had in the appeal faulted the judges in the lower court for determining a matter which did not require constitutional interpretation without evaluating submissions presented by the parties.

Not convinced

In a unanimous decision read by Justice Christine Kitumba, the court ruled that the arguments by UNRA were not persuading. Read more

Uganda Supreme Court Rules in Favor of ‘Rebel Lawmakers’

A member of parliament from Uganda’s ruling National Resistance Movement (NRM) says he is excited and feels vindicated following the Supreme Court’s ruling that prevents his expulsion from the legislative body.

Theodore Ssekikubo and three other members of parliament were expelled from the NRM after they were accused of being rebels and undermining the party by refusing to follow instructions from the party. The NRM contends that the continued stay of the “rebel lawmakers” in parliament” contravened the constitution, since they don’t belong to the party anymore following their expulsion.

Lawmakers Ssekikubo, Wilfred Niwagaba, Mohammed Nsereko, and Barnabas Tinkasiimire, appealed the constitutional court’s ruling, which backed the NRM’s position that the expelled parliamentarians should vacate their seats in the lawmaking body since they do not represent the party anymore. 

The Constitutional Court then ordered the “rebel parliamentarians” out of parliament and declared their seats vacant.

But, the Supreme Court ruling on Friday that followed an appeal by the lawmakers, said the NRM party does not have the power to remove the lawmakers from parliament. Local media quoted justices of the Supreme Court as saying “Political parties cannot subvert the will of the people.” Read more

Election violence can be avoided

Risk factors derive from failure to adhere to the pre-conditions as elaborated by Chief Justice Odoki

This is a slightly edited version of a lecture on Oct.13 by Prof. E. F. Ssempebwa in memory of Benedicto Kiwanuka organised by the Foundation for African Development and the Konrad-Adenauer-Stiftung. Kiwanuka led the Democratic Party to election victory twice and was the first Prime Minister of Uganda, and later Chief Justice. He is remembered for his values of equality of humans, equal participation of all in public affairs, democracy, peace and stability.

The states in the Eastern African region, Uganda included have had lofty plans for economic growth. The plans are currently driven by ideals of regional integration to create a big single market, first under the East African Community and, subsequently through a merger with the COMESA and SADC markets. In Uganda, the leadership has toyed with a number of economic initiatives, whose impact is a matter for debate. What needs to be noted is that, however noble, plans for economic growth do not lead to development unless peace and stability prevails. It is conditions of stability that ensure the rights and freedoms to enable equitable access to political and economic opportunities. Democracy, the base upon which rights and freedoms are anchored, is central to development.

Uganda has gone through various shades of instability since independence. In 1966 democracy was the sacrificial lamb to cleanse the alleged sins of tribalism and disunity. Chaos, anarchy, degradation, and disunity have been the result since then. Periods of massive loss of lives still sound in the mind - hence the concern over electoral processes. An election is an occasion where grievances can coalesce and trigger violence. Is it a well-founded concern?

The reality of election violence

What is election violence? There seems to be consensus among observers that violence is not restricted to beatings, killings and displacements. It includes threats, perpetuation of terror, and denial of services. Any acts of coercion. Intimidation, or physical harm aimed at affecting the electoral process constitutes electoral violence. Violence could be psychological, as when in 1996, the people were crudely warned as to the possibility of returning to “bad days of the Obote era.” The objective of the violence could be to delay, disrupt, or derail the process. It could also be to affect the results. The main trigger of electoral violence is failure to play by the rules. But in reality, violence already simmers in the embers of existing social conflict.   It is recorded that in Africa, 19 to 25% of all electoral processes have experienced mid to high level violence. Another study notes that in the last four decades, 80% of elections in Sub-Saharan Africa have suffered from some form of violence, bribery, intimidation or inequitable government interference. Read more

ICC rescinds Uganda hearing against LRA chief

The International Criminal Court has changed plans to hold a hearing in Uganda to confirm charges against a notorious Lord’s Resistance Army (LRA) commander, fearing political tensions ahead of upcoming elections.Dominic Ongwen is the first commander of the LRA rebel group led by the fugitive Joseph Kony to appear before the ICC, where he faces charges for war crimes and crimes against humanity.

Prosecutors accuse Ongwen and his troops of at least 67 crimes against civilians fleeing the LRA’s decades-long reign of terror.

The ICC had initially declared it “desirable” that the hearing should take place in Uganda, near the scene of his alleged crimes.

But after talks with Ugandan authorities, the court decided that political tensions surrounding February’s presidential elections “may have an adverse impact on the court.”

“Today the presidency of the ICC decided that the confirmation of charges hearing in the case against Dominic Ongwen, scheduled for January 21, will take place in The Hague,” the ICC said in a statement seen by APA on Friday. Read more