Tuesday, 14 April 2015

Museveni Right On Katureebe - Odoki

Justice Benjamin Odoki has lauded the appointment of Justice Bart Katureebe as chief justice. Speaking at the official handover of office at the High court yesterday, the former chief justice said:
"I want to salute the president for making this choice because this is a person [Katureebe] I have known for over 40 years. First, he [Katureebe] was my student at Law Development Centre and I have subsequently worked with him in the judiciary for many years. I would like to sincerely congratulate him."
Odoki went on to assure his successor that he would give him maximum support.
"To me this is a historical occasion. I'm handing office over to my former student. I think his lordship [Katureebe] has learnt his lessons well," a jovial Odoki said.
The former chief justice said the transfer of power in the judiciary has been peaceful.
"In the history of the judiciary, there has been a situation where the transfer of power was protracted but I'm happy that there is an orderly transfer of power now," he said.
"I don't think there has been a fight," he added, drawing laughter.
On March 5, 2015, following a two-year period during which President Museveni attempted to reappoint retiring Odoki only to be resisted in court, Katureebe was named to the position. He had been the preferred candidate of not only the Judicial Service Commission but also the legal fraternity, and indeed the public.
As lawyers battled Odoki's reappointment in court, Justice Steven Kavuma was controversially called upon to serve as both acting deputy chief justice and acting chief justice until his appointment was confirmed alongside Katureebe's. In his speech, the new broom Katureebe rejected claims by a prominent lawyer, that Uganda's judiciary is dead. Read more

SUBPOENA SOUGHT TO FORCE TESTIMONY IN USA FROM EAT DA POO POO MARTIN SSEMPA

April 09, 2015, The Center for Constitutional Rights asked a court to issue a subpoena to Martin Ssempa, a prominent anti-gay crusader in Uganda, to testify in a case brought on behalf of the Ugandan LGBTI rights group Sexual Minorities Uganda against U.S.-based anti-gay extremist Scott Lively.
The Center issued the following statement on today’s motion:
“The Center for Constitutional Rights has learned that Martin Ssempa, a leading and notorious figure in the persecution of the LGBTI community in Uganda, is in fact a U.S. citizen.
Ssempa is not himself a target of the lawsuit, but as a close ally of Scott Lively he has intimate knowledge of key facts in the case. As a witness who is a U.S. citizen, he is subject to the jurisdiction of the U.S. court presiding over the case brought on behalf of Sexual Minorities Uganda against Lively for the role he has played in the persecution of LGBTI people and organizations in Uganda.”
The Center for Constitutional Rights represents Sexual Minorities Uganda in the case against Scott Lively for his efforts to strip away fundamental rights from LGBTI persons in Uganda.
Ssempa, known for his extremely graphic sexually explicit tirades against homosexuality, resides in Uganda and is married to woman whose family lives in Las Vegas.
Ssempa has often criticized the United States on social media for its support of LGBT equality and its stand against the Anti-Homosexuality Act of 2014, which has since been invalidated by the Ugandan Courts.

Friday, 10 April 2015

Work with other govt arms, Odoki tells Katureebe

Former Chief Justice Benjamin Odoki has warned the public against misinterpreting the Judiciary’s interaction with the Executive as being compromised.
Outgoing Chief Justice Benjamin Odoki (L) hands over a copy of the Constitution to incoming Chief Justice Bart Katureebe at the High Court in Kampala on Thursday. Justice Katureebe thanked his predecessor for laying a firm foundation
Speaking at a handover ceremony to Justice Bart Katureebe on Thursday, Justice Odoki said the independence of the Judiciary was very sensitive which his successor must uphold, adding that it would remain “irrelevant” if it does not engage the other arms of government.
“One of the difficult areas is maintaining the independence of the Judiciary which is the fundamental pillar in constitutional doctrine and administration of justice. The Chief Justice must remain the face of Judiciary, but he must engage in constructive relationship with other organs of the government,” Justice Odoki said.
“There is no way you are going to succeed here if you keep yourself in office and not engage with other organs of government... If you are going to seek more funds, you must not shy in asking,” he added. Read more

Judiciary warns against donor dependence

Justice Bamwine
The Judiciary is willing to help the tax body increase its revenue collection on the grounds that it is time the country washed her hands off the donor dependence.
According to Principal Judge Yorokamu Bamwine, the Uganda Revenue Authority (URA) on its own cannot take on this challenge of ensuring 100 per cent revenue collection. 


Speaking at URA workshop on emerging trends in tax law and tax administration at Lake Victoria Serena Resort yesterday, Justice Bamwine, said URA and the tax tribunal cannot succeed in executing their mandates without the support of the other state agencies, including the Judiciary. Read more

Court Told How General Sejusa Aides 'Recruited Soldiers to Topple Museveni'

On March 25, Major Fredrick Kangwamu, the lead prosecutor in the treason trial of six former aides of Gen David Sejusa, told the army court chaired by Maj Gen Levi Karuhanga that Private Frank Ninsiima, one of the accused persons, voluntarily recorded a charge and caution statement admitting his role in planning to overthrow government.
Kangwamu rejected an earlier submission by defense counsel Dr David Mushabe that Ninsiima disowned his charge and caution statement because he made it under duress and at gunpoint.
Pt Ninsiima on March 16 disowned his charge and caution statement. He said he was tortured and threatened with death by Captain Albert Kashakamba attached to the Special Forces Command and enticed with a job offer by the Inspector General of Police Gen Kale Kayihura if he pinned Sejusa on treason charges. SIRAJE LUBWAMA recorded the proceedings; below are excerpts.
Kangwamu: Counsel [Mushabe] labored to convince court that there is nothing in the charge and caution statement to show that Ninsiima accepted recruiting soldiers to overthrow the government. That nothing shows that Ninsiima was helping any person to overthrow government. Read more

Ex-Gitmo detainee held in Uganda over killing of prosecutor

KAMPALA, Uganda (AP) - Hunting for suspects in the killing of a prosecutor who pursued Islamic extremists, Ugandan authorities arrested a Ugandan man who had previously been held by the United States at its prison in Guantanamo Bay, Cuba, before being released in 2006.
Jamal Kiyemba was arrested with three others in a Kampala suburb Tuesday, Ugandan police spokesman Fred Enanga said on Wednesday. Enanga said U.S. officials helped track down Kiyemba.
U.S. State Department spokeswoman Marie Harf confirmed that U.S. government personnel supported "a Ugandan operation that successfully apprehended several individuals suspected as being involved in the assassination of the senior principal state attorney."
She said the support was provided at the request of Ugandan authorities and confirmed one of those detained was a former Guantanamo detainee who was released in 2006, but didn't give any more details.
Enanga said there was no conclusive evidence tying Kiyemba to the killing on March 30 of Ugandan prosecutor Joan Kagezi, but that detectives were questioning him about his possible role and about other offenses. Kagezi had been a prosecutor in the ongoing trial of 12 suspects accused of being involved in the July 2010 bombings here in which more than 70 people were killed while watching the soccer World Cup final on TV. The attack was carried out by al-Shabab, the Somali Islamic extremist group.
A U.S. military file signed by the then commander of Joint Task Force Guantanamo, Brig. Gen. Jay W. Hood, said Kiyemba was arrested by Pakistani police near Peshawar as he attempted to enter Afghanistan after the Sept. 11, 2001, attacks in the company of a probable al-Qaida operative, a suspected al-Qaida operative and a "low-level jihadist."  Read more

Low Funding Breeds Tension in Judiciary

One of the catchwords of this year's Judges conference was infighting, with none other Justice Benjamin Odoki suggesting regular meetings to minimize cases of officers fighting one another.
But one lingering question was who was fighting who and over what. Now, an investigation by The Observer has established that one of the sources of disgruntlement is the sharing of the judiciary's meager budget of Shs 85 billion. Indeed, the issue took centre stage during the February conference in Entebbe, as some judges demanded to know exactly how the judiciary's budget was being used.
According to sources in the conference, the concern among judges was that a lot of money was being spent on such things as office expenses and officers' allowances; meanwhile, the officers argued, very little money is allocated to handling cases so as to de-congest prisons and reduce the legendary backlog.
Among the more outspoken judges on the matter were Eldad Mwangusya, Remmy Kasule and Kenneth Kakuru of the Court of Appeal, and Catherine Bamugemereire of the High court.
Judiciary sources said Mwangusya called for "fairness" in the way resources are distributed. Kasule also wondered why some employees were entitled to some allowances while their peers of the same level were not.
Bamugemereire, who shot to prominence during the impeachment proceedings against Lord Mayor Erias Lukwago, demanded that judicial officers should get a 'balance sheet' showing how all the money sent to the judiciary was spent. Bamugemereire blamed the fights in the judiciary on lack of communication and transparency at the top.
"If the judiciary was open in its work, then there would be no fights," she said. Read more