Judiciary Warns Against Donor Dependence

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, Hon. Justice Dr. 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 on April 8, 2015, Hon. 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. He said: "It is common knowledge that with time some development partners have suspended, or withdrawn their budgetary support. It is appropriate that URA has adopted a spirited approach and means of ensuring that gaps in our revenue collection system are sealed.”

He continued: "With this sort of training, the Judiciary can also help URA in sealing those gaps so that Uganda can also stand on its own and develop like other countries, notably the far Eastern countries whose governments depend to a large extent on taxes and their frugal utilization.” Previously, the role of Judiciary in revenue collection was only pronounced in the collection of graduated tax, which has since been abolished. The URA Commissioner General, Ms Doris Akol, said URA will reach out to all stakeholders with a view to engage them on their responsibilities towards tax obligations.

This Story was published by Monitor on April 9, 2015

Kwoyelo Loses As Court Guides On Who Qualifies for Amnesty

After he was captured by the army in Garamba national park in 2005 and detained in Luzira prison, LRA commander Thomas Kwoyelo renounced rebellion and hoped to be set free under the Amnesty Act - just like some 26,000 former combatants have been.

Instead, he was charged with such offences as willful killing, taking hostages, extensive destruction of property, killing innocent civilians and causing serious bodily harm. Prosecution contends that in March 1993, Kwoyelo commanded an attack on Pagak camp for internally displaced persons in northern Uganda, in which several people were killed and others taken hostage.

Kwoyelo, 45, took his case to the Constitutional court, which agreed with him. But the state appealed in the Supreme court, which ruled last Wednesday that Kwoyelo should stand trial. By its arguments, the court clarified the legal situation on who qualifies for amnesty.

SIRAJE LUBWAMA and DERRICK KIYONGA have studied the Supreme court ruling, and now explain why Kwoyelo did not qualify for amnesty.

In a unanimous decision, the Supreme court ruled that some of the acts Kwoyelo committed during the LRA insurgency in northern Uganda were triable. The panel of judges, led by chief justice Bart Katureebe, also had Benjamin Odoki, Jotham Tumwesigye, John Wilson Tsekooko, Christine Kitumba, Galdino Okello and Dr Esther Kisaakye Mayambala.

Katureebe noted that grave crimes like murdering, raping, and kidnapping minors do not fall under those crimes that warrant the DPP to grant amnesty. Read more

Kayihura Rejects 48-Hour Suspects Rule

The British are doing it...police can arrest someone for 90 days before charging him'

On the Capital Gang radio talk-show on Saturday, police chief Kale Kayihura blamed the current spate of murders, terror threats and mob justice on Uganda's rigid criminal justice system.

Kayihura said the legal requirement for suspects to be presented before courts of law within 48 hours is not practicable.

"If I cannot have enough time to investigate a case... however articulate you are, if you do not have the evidence on file, you will not succeed in convincing the judge," Kayihura said.

"It will always be in favour of the accused. We need to be given enough time." The police chief, who has persistently made this point in the past, called for the amendment of the law to extend the time within which a suspect can be presented before court.

During the requiem church service for the slain state prosecutor Joan Kagezi at St Luke Church of Uganda in Ntinda earlier this month, Kayihura attempted to persuade the new chief justice Bart Katureebe to agree with him. However, a reluctant chief justice cautioned about panicky reaction to Kagezi's death.

Speaking on the Capital Gang talk-show moderated by Oskar Semweya Musoke, Kayihura suggested that the current criminal justice system should be overhauled "so that it delivers substantive justice rather than making us hostage to technical rules that we inherited from the common law system and which actually subverts substantive justice."

Kayihura, who was part of the panel that included Bugweri MP Abdu Katuntu, pro-federation politician Beti Kamya and Uganda Media Centre executive director Ofwono Opondo, described Uganda's criminal justice system as a mockery of justice. Read more

Judiciary Will Jealously Guard Freedom of Speech

It is an honour and privilege to officiate at the second edition of the Uganda National Journalism A ward ceremony. This award is aimed at improving the quality of journalism in Uganda by inspiring and recognizing excellence in reporting on public affairs.

Journalists 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.

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 ex- cept 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 same Constitution acknowledges that: "Fundamental rights and freedoms of the individual are inherent and not granted by the state ." Read more

Judiciary to review six tax cases, says judge

The Judiciary will review six controversial judgments in which Uganda Revenue Authority (URA) lost billions of shillings, Principal Judge Yorokamu Bamwine has directed.

Justice Bamwine said the files for the cases will be recalled to ensure justice and URA is helped to execute its mandate. 

He, however, did not specify when the files will be recalled and what period of time it will take for the review. 

Justice Bamwine made the directive during an engagement between the Judiciary and the tax collectors in Wakiso District last week. 

The cases in question involve several businessmen who were charged for various offences of tax evasion or causing revenue loss but the convicts were either given sentences deemed as light or escaped mysteriously. 

In one case, a businessman, Mr Francis Kimera, is accused of being in charge of a truck used for smuggling. 

Mr Kimera was convicted and sentenced to two years imprisonment. 

However, after two days of serving sentence, the case was recalled by the same judicial officer who ordered the release of the convict and truck.

Another case involves Mr Elisa Namoso, a public officer who was being charged for corruption under the Anti-Corruption Act. 

Mr Namoso was convicted and given bail pending sentencing. He has never been seen to-date. Read more

Eight terror suspects committed to High Court

Prosecutor, principal state attorney Rachael Bikhole Thursday informed court at Buganda Road Court in Kampala that committal papers were ready. The suspects are Mohamed Abdulkadir Hirsi, Abdi Abdullahi Bootan, and Hassan Abduwali Mohamoud. Others are Mohamed Ahmed Gele 23, Yusuf Osman Hussein 29, Abdi Ali, Abdul Kadir Mohamed Mohamud Sandir and Mohamad Yusuf Farah.

They were committed to High Court on the two counts of aiding and abetting terrorism c/s 8 of the anti-terrorism act,2002 and belonging to a terrorist organization c/s 11(1)a of the anti-terrorism act of 2002.

According to the indictment report, last year on September 11, the Uganda Police received intelligence reports that Alshabaab commander, Adam Garar had dispatched terrorists to Uganda. The indictment indicates that Al shabaab instructed the suspects and others still at large to identify targets in Kampala and Entebbe where the attacks could be simultaneously be carried out.

It is  alleged that they used telephone lines belonging to Abdulkadir and Osman to communicate with the Alshabaab commander, Garar with whom they discussed their intended attacks in Uganda. They suspects in Uganda were basing at Al-qudus guest house in Kisenyi, Kampala suburb. Surveillance by the police established that the accused persons were the owners and the users of the said telephone numbers whose importance were to coordinate the intended attacks in Kampala and Entebbe.

Further investigations by the Uganda police established that the accused persons were using motor vehicle Toyota Noah in make with south Sudan registration number plates CE 662x driven by Abduwali in coordinating the planned attacks to Uganda. Read more

Thomas Kwoyelo being escorted by the prison guards

The Supreme Court ruled that the trial of ex-commander of the Lord's Resistance Army (LRA) Thomas Kwoyelo should continue. A panel of seven Justices led by the Chief Justice, Hon. Justice Bart Katureebe on April 8, 2015 unanimously agreed with the Attorney General (AG), that Kwoyelo should face trial. Other Justices were Hon. Justice Benjamin Odoki, Hon. Justice John Wilson Tsekooko, Hon. Justice Jotham Tumwesigye, Hon. Justice Lady Esther Kisaakye-Kitimbo, Hon. Justice Galdino Okello and Hon. Justice Lady Christine Kitumba.

The ruling implies that the trial which was halted in September, 2011 at the International Crimes Division of the High Court will resume. The ruling in effect, overturns the September 22, 2011 ruling of the Constitutional Court, which stopped Kwoyelo‘s trial and pronounced that he be granted amnesty. However, the Justices emphasized the pivotal aspect of presumption of innocence until proven guilty.

The ruling was delivered in the presence of Mr. Kwoyelo and his lawyers Mr. Caleb Alaka and Mr. Owor Onyango. The Attorney General was represented by Principal State Attorney Patricia Mutesi.

Mr. Kwoyelo is battling 53 charges of murder, willful killing, and kidnap with intent to kill, aggravated robbery, and destruction of property.