Category JUDICIARY

A SACRILEGE THROUGH ALLEGIANCE


By Njalwe Desire

During the French Revolution, had a contract either civil or natural still bound the king and his people, there would have been a mutual obligation and the will of the people would not have set itself up as an supreme arbitrator to pronounce absolute judgment. Abnegation from the seemingly ‘sacrosanct’ views of total loyalty to the king proved to be principal in the sequence of the events that punctuated the revolution, hence, its success.

Man, as it has always been, is called to distance himself from such bounding views and, in the end, embrace his true nature; that is to say, a call to self –awareness.

Without self-awareness, man is dragging himself under repressive leaders in whose draconian laws he wallows. A call to self will rupture these imaginary chains wrapped-up in self-told-contracts that bind and exiges him to submit to these coldblooded rulers.
Today, total allegiance, as earlier mentioned, is making man to forget the self and the world in which he lives. The will to serve humanity is being replaced by him trailing and submitting to principles that dehumanize his resemblance and negates what embodies the eternal truths; The General Will (the will of the people)
Allegiance to these ruthless rulers, who in simple terms are rebels against the people whose absolute sovereignty they usurp, is not just a crime, but crime itself.

Since, according to Montesquieu, “no one rules innocently,” a despot, in making himself enemy of the people, hence, their will, has become a blasphemer whose sin is unforgettable and unpardonable. Such sinner is sinning against the ultimate nature of things (The General Will); and so is allegiance to him. Even Christ himself, writes Camus, though he can forgive sinners, cannot absolve false gods.

By violating human nature, the despot is alienating himself from this all powerful will, therefore, unable to participate in the “divine dispensation.” At the end his crime is becoming inextricable bound to his person; to his very existence that in setting a new order, to end such crimes equals to end the despot.

Let us all remember that The People are inviolable and sacred and can only be constrained by the law, which is supposed to be an expression of their common will. Once The People are free, they will be infallible. And once these imposed chains are thrown away, The People will express what, at all times and in all places, is, has been, and will be the truth. They will become the “oracle that has be consulted to know what the eternal order of the state demands, hence, the universal tendency towards the Good.” In this way, their nostalgic views will be brought to life; rendering the beautiful motherland once again a better place to live in.

Advertisements

KITUMBA OR REMMY KASULE WOULD HAVE BEEN BETTER THAN KATUREEBE FOR CJ


These new chaps Katureebe and Kavuma are cadre judges. Kavuma
particularly. Museveni now has total control of the judicial system. In the Court of Appeal, there are at least three judges who are are independent and not NRA cadre judges, and these are Remmy Kasule, Ruby Opio Aweri, and Christine Kitumba, so the court was somehow balanced 4 cadres against 3 independents. Now the two cadres have been promoted and we remain to see who will be promoted from the High Court of Constitutional Court to replace them. It is more likely Museveni will promote cadres, meaning that he will completely control the highest courts of the land.

As I told you before, Christine Katumba was my personal choice for CJ because of her academic record, having taught almost 50% of all the lawyers practicing in Uganda. She is also not controversial. The second choice was Remmy Kasule. At least I thought Mueveni would appoint one of them as CJ or Deputy. Now he has totally ignored the recommendations of the Judicial Service Commission, and you cant even understand what exactly they do, if Museveni just runs rough shod over what they are supposed to do. His Nepotism has now reached sickening proportions.

George Okello Via UAH forum

HON LT (RTD) SALEH KAMBA AND THE NRA ‘REBEL’ MPs- By Robukui


Posted by: Robukui
Hon Saleh Kamba is the member of parliament for Kibuku in eastern Uganda. He is the leading petitioner in a petition that seeks to bar the three ‘rebel’ M.Ps from accessing parliament after they were expelled from NRA by Museveni.

Saleh Kamba joined the NRA in 1987 while he was in his 2nd year of secondary education. After completing his basic infa…ntry training he was posted to the Directorate of Records where he was trained as a records clerk. As a clerk, he was attached to different departments of the army including Supplies and Barracks & Stores. It is during his service in these two departments that then Sgt Kamba made a cash fortune as was the norm. It is the Junior staff like clerks, secretaries and office messengers who coordinated most of the cash-making shoddy deals in these departments. Such juniors in the NRA accumulated wealth even before some senior officers opened their eyes to personal wealth creation.

By 1992, Sgt Saleh Kamba had completed constructing a personal modern house in Rubaga, Kampala and drove a Mark II car. Still Saleh Kamba envied his superiors whom he occasionally witnessed siphoning off billions of cash by virtue of their office positions that corresponded with their academic background. Sgt Saleh Kamba too embarked on an ambitious program of improving his academic C.V. Around late 90s, he registered for studies by correspondence. Within a period of 2 – 3 years he had accomplished 3 degrees (including a Masters), 7 diplomas and 14 certificates – all in the field of financial accounting. He really studied hard for these courses, he used a room at a ministry of defence building on Balintuma road in Mengo as a study room. These qualifications elevated his to the rank of Lt in the army and from clerical to the Finance department as an accountant. He also used the promotions to accumulate more cash from the usual shoddy deals in the NRA.

Earlier on, he had developed political ambition having been inspired by his home area being represented by a one Moses Wagira during the Constituent Assembly (CA). Saleh Kamba always described Moses Wagira as inefficient and vowed to unseat the area Member of Parliament, HON Nanepher Namuyangu. However, he realised that his academic qualifications could only be accepted in the army and not in the public office. He embarked on acquiring the equivalence of “O” and “A” level qualifications. He registered for UNEB group certificate examinations at the YMCA in Kampala and acquired the certificates.

Having acquired the required qualifications, Saleh Kamba retired from the army and went to contest for the parliamentary seat in his home. He defeated the incumbent Hon Namuyangu who went to court on account of Kamba’s election violence. Kamba sailed through but again his victory was challenged in Court over academic qualifications. He went over that too and in recognition of his role in the election violence in Busoga region, Museveni rewarded him with a ministerial appointment (Minister of State for Bunyoro Affairs). The Parliamentary Appointments Committee rejected the appointment on the same grounds of questionable academic qualifications.

Does Saleh Kamba realise that he is now used by the mafias against fellow MPs but his sponsors will dump him at the end of the day.

LET THE OPPOSITION DECLARE LUKWAGO AS THEIR 2016 PRESIDENTIAL CANDIDATE NOW


The problem with our opposition is that they never optimally utilize opportunities. Remember the almost nationwide riots during the Kayunga saga???? How about the masiro fires, and the mabira saga. That was an opportune moment to squeeze the Government. If you had Besigye in the west, Mafabi in the east, Kantuntu in Busoga, the Lukagos in the central, the Casiano Wadris and Betty Anywas up north, all of them simultaneous drumming up noise for mass riots against the government at the same time with similar impact, I tell you things would have ended up differently. But disappointingly, all of them where jammed up in the 180 square meters of Kampala clamoring for media attention.

With the current fiasco in KCCA, Let Lukwago, and the opposition as a whole declare that Lukwago is their presidential candidate now and that the mayoral race is just a launching pad, I can almost guarantee that Kampala will be taken without a fight and the next elections will be a bloody run for the NRM. It does not matter whether Lukwago is FDC or DP or SUUBI or G4C or whatever ideological colour one believes in, the opposition should get principled and forget their individual personal egos and let one idiot get the much loathed M7 out of the way. The rest will follow. At this moment, the race is against M7 and NRM, not love for country. Hate it or love that is the only selling issue. Forget about good schools and bad hospital, Forget about the good roads and the bad corruption. That will never bring you vote. Politics is a game of love me and hate the other. Period.

But as long as the opposition still wants to play hide and seek, they have no chance against the M7’s NRM mastery of the game.Governments don’t change because of ideological clarity. At the end of the day, hooliganism, like you put it, rules. You find sectarian homogeneity, what in elections they block votes, rallying behind not necessarily the best candidate with a clear vision, but because of sectarian attachment to the person. Do you remember “Haji Alagide” movement? Do you think Haji Ssebagala was popular because he had the best development program? Hooliganism!!!!!

Do you really want a government change based on hooliganism? Political scientists will tell you that the primary objective of any political establishment is get power and keep the power. Therefore, the those in power, NRM, will – and have to – do anything within their means to stay in power, with or without M7. If M7 is the guy who will propel them in achieving this cardinal object, they will stick with him. And I am saying that similarly, the opposition should, and must, do everything within their reach to propel them into power and stay there. If Lukwago is the guy and hooliganism is the means, then, they should go for it.

The Problem is the guys in the opposition are not taking their game serious! And I know this is the statement which will enrage you!!! lamenting and blaming wont deliver the presidency to them. It is not the first we have had of rigging. The opposition knows that. Every one knows that. The opposition should not waste our time telling us what we already know. If the regime is tying your hands, don’t beg them to untie them because you know, and we know, that they wont. Just find a way of untying the ropes and deliver results.

Namakola Twaha.
UAH forumist

Anne Mugisha’s visit to FDC’s Ingrid Turinawe- charged with ‘walking to treason’


Ingrid was charged with treason because she reportedly decided to 'walk to work'

Hi,

I do not know how I can tell you about my visit to Luzira women’s prison without sounding cynical, so let me just start at the deep end. I loved the place! Yes I loved it. Apart from beautiful lawn with flowers that greets you on arrival, the spirit of hope and life pemeates its environs. The smile on Ingrid Turinawe’s face when she saw us was perhaps what crowned it all. The words I was expecting to use to report my visit, words like despair, darkness, hopelessness, anger and fear became irrelevant during the visit.

We were received warmly by the OC, what a professional and courteous prison warden she is! She explained the rules for the visit without a trace of superiority in her voice or attitude. She gets respect from her staff and the inmates because she is respectful of others. As she registered our ID’s she asked our relationship with the inmate, to which I responded ‘partner in crime.’ The lady nearly cracked her ribs from laughter, then she interpreted that by writing ‘Friend!’

Ingrid has already been inducted into the discipline of prison life and her star is rising with the same meteoric speed that it was doing outside of prison. In one day she has graduated from the ugly yellow uniform to the checked red and white uniform reserved for inmates with leadership qualities! She is so proud of this achievement and boasted proudly of how she had a wonderful dress which reminded her of her school uniform.

The hardest part for me was to see her kneel when addressing prison wardens for any reason. It is part of the discipline code. But she dismissed my concern immediately saying she is only too happy to kneel as required because of the manner in which they treat her – with respect and kindness. She said after the hell she went through with the police personnel she was so happy with the prisons staff and would gladly kneel anytime they ask her to.

Ingird is working! She already had so many stories to tell, some which she felt would be inappropriate to tell in front of a prison warden. She is interacting with the women, some are on death row, some are serving 50 years, others 13, but in this place they were all united. Women with only one goal: to get through another day of their prison term. She is learning a lot and she is teaching a lot too.

Ingrid and her co-accused will appear in High Court on Monday October 31, 2011 to enter their pleas.

Oh, and before I left she gave me one last nugget of information. She is getting her nails done today – a pedicure and manicure! And guess who is giving it to her? A well known inmate known as – Draru! Yay!

Anne Mugisha

Note: Draru is the lady that is in prison over murder charges of General James Kazini

Museveni Should Stop Mbabazi from ‘Destroying’ Prof Bukenya


Folks,

The story that the IGG defied the Attorney General and Vice President because he is close to alternative centres of power is nonsense. The centre of power in Uganda is Yoweri Kaguta Museveni (YKM) and sooner rather than later that will become apparent. I see a situation like the one Mr Njonjo Mugane and Biwott faced in Kenya when they thought they were untouchable and could do anything including murder. Is YKM happy that those so called alternative centers of powers are showing it openly?

If the story about Hon Janet K Museveni in the Daily Monitor on 9th/10/211 under the headline: ‘’Janet bangs table over Bukenya’’, is correct, then the country will soon see interesting developments. Like I said before, anyone who deludes him or herself that he or she is the alternative centre of power to YKM with his (mostly) set of civil servants, judges , police, security etc, is playing with YKM. Ask yourself this, how did how Hon Banyenzaki who was arguably Hon Bukenya’s most loyal supporter end up in the cabinet? Well he is alleged to have teamed up with Hon Janet. K. Museveni to vanquish a key member of the mafia team in Kabale former Minister, Hope Mwesigye. The mafia are so busy but so are their powerful rivals too who can cause change immediately.

We arrived in Kenya at the time when Mr. Charles Njonjo was facing a high powered Commission of Inquiry into his conduct. It was the place to be if you could get in. Mr. Njonjo was ably defended by Sir William Deverell then of Kaplan and Stratton, and Mr. Paul Kibugi Muite then of Muite and Waruhiu advocates, he cut a lonely figure.

On the other side was Mr. Lee Muthoga as the lead lawyer (he had earlier teamed up with Mr. Muite to defend the late Wangai Mathai against marital infidelity allegations by her then husband former Langata MP, Mr. Mwangi Mathai.

When the Commission was over, Mr. Njonjo had no passport and used to beg Mr. Moi to give him one so he could accompany his family abroad. He sued to be photographed at the airport biding his muzungu wife and children kwa heli and wishing he could go too. It did not happen for a long time. And Mr. Njonjo had to wait until politics changed.

Why this background? Because alternative centre of power cannot withstand the power of commander in chief. Mark you Mr. Njonjo was discreet in his strategies.

Now the big question: Can anyone humiliate YKM and get away with it?

The column by Mr. Karoli Ssemogerere under the headline:’’ Bukenya: high crime or misdemeanour?’’, was also insightful. Will The IGG force Hon Bukenya to table cabinet minutes which are deemed state secrets? If Hon. Bukenya, Hon Kutesa, Hon Nassasira and Hon Rukutana Mwesigwa cannot table those minutes, how can they get a fair trial?

The acting IGG may force Ugandan MPs to do what their Kenyan counterparts did: send the IGG equivalent packing. That is how Dr Lumumba ended up with no job. The MPs were fed up with the high drama.

Karoli Semogerere defends his law school classmates caught up in the storm against the accusations by some of us that they are partial. Fair enough.

Now the big question: can the office of the IGG go toe to toe with YKM? That is why YKM will shut the IGG/CHOGM because it touches on state secrets.

And yes, YKM is right that Hon Bukenya did not steal any CHOGM money. Why? Because the beneficiaries are those who own Motor care who it turns out has a Danish angle. As Karoli points out, Danish are the key donors to the judiciary which sort of explains why Ms Irene Akakwansa let them off the hook.

CHOGM is headed for an anti-climax now that the IGG and the magistrate are about to touch YKM’s right eye. Stay tuned.

Someone wrote to me that the PM Mbabazi may be using his former aide, the IGG, to settle political scores in Rukingiri hence the question: what is PM Mbabazi’s relationship with Jim Muhwezi and the Kaboneros?

It has also become very clear that all the people connected in this case from the IGG to judges are ‘related’ to Amama Mbabazi in one way or the other. They studied with Mbabazi and graduated with him in the same year as shown in the photo document attached. They are in those positions because of arguably their good relationship with Mbabazi.

According to a book of Faculty of Law MUK Kampala, Published in Nov 1993 when the faculty was celebrating the Jubilee since 1968 where it includes the staff and alumni, No.2 on the list is Mbabazi, No. 21 is Justice Kibuuka V. F. Musoke who cancelled Bukenya’s parliamentary seat, and No. 28. Is Justice Mugamba Paul who is in for the High Court?

With this evidence, one can argue that Amama Mbabazi seems to have lined up a team that is ready to bring down Prof Bukenya by the use of the courts of law even if all the cases will not be judged rightly. It’s a great pity for our Judiciary system and those who still think that this case is about CHOGM not politics.

UAH FORUMIST IN USA

The Mafias have punished Bukenya but let them learn from Kenya


Professor Gilbert Bukenya

It is a good thing politically for Hon Bukenya to be in jail because it shows the real intentions of the mafia in Museveni’s cabinet. The only problem is that the mafia may poison him while in Luzira prison. And let me say something about the chief magistrate who sent Bukenya to Luzira. Some may interpret it as harsh but what the heck. I believe Ms. Irene Akankwasa is the daughter of the late Lawyer Mr Gedion Akwankwa then of Hunter and Greig who was gunned down in Nakasero in 1981- because he had been the lawyer for YKM/UPM. She was orphaned at a young age and now she is being used by the Mafia to hunt down their enemies using the law.

Ms Irene Akakwansa is a daughter to the late prominent lawyer Mr Gideon Akakwansa (RIP). Now we are waiting to see how she will handle the real sons of the soil, and I mean the real Bahiima; forget those who are questionable where they came from. Mr Kutesa and Mr Nassasaira are the real thing.

I have been in touch with some legal practitioners in Uganda and they too thought postponing the ruling and cancelling bail in the same week was funny. Kumbe they were waiting for Ms Irene Akakwansa to give them a clue. Justice Kibuuka’s reputation who also cancelled Bukenya reelection as MP in Busiro, is now gone. All of them will be purged the way it was done in Kenya. Forget the moment that justices have tenure. They will be purged without mullion. Let them go and ask Bernard Chunga. After being dismissed as Chief Justice, the LSK(Kenya) denied him a practicing license. He must be chilling somewhere in Luo Nyanza without pension too!

Uganda may witness what Mr Moi did to the Ouko Commission of Inquiry then led by then Justice Evans Gicheru -later CJ after Chunga was fired in the purging of Moi puppets in the Judiciary. Once the inquiry was getting closer to Mr Moi, to be exact once the name Biwwott was being mentioned, Mr Moi shut down the commission of Inquiry. Folks, do not laugh, with Mr Kutesa and Nassasira in line, YKM could send the IGG home and move around thsoe involved. yes Ms Irene Akakwansa’s father may have been gunned down for depening YKM and UPM them but Mr Kutesa and Mrs Nassasira are something else.

Hon Bukenya’s legal strategy was funny. He did not necessarily hire the best, but the most connected lawyers-real sons of the soil. He hired Mr Kabega who is great and also Mr Tumusime Enos who is a brother in law to Mr Nassasira and the late Dr Mugyenyi, having married sisters.

The conditions of the native are becoming more nervous and that is not a bad thing for the country. All cylinders-I mean-the oppressive systems are now firing. For Hon Bukenya, bad news has come in more than pairs: losing his parliamentary seat while at the same time in prison. Everyone is piling on to gain favor with the mafia and even Ssebagabe(M7). Hon Bukenya is sort of unlucky because his file is always sent before establishment judiciary types. Hon. Paul Mugamba from Toro-I am not saying he is biased-is the son of the late former Chief of CID, Mr Mugamba (RIP). I know Justice Mugamba’s sister is reading this message from the great state of New York. So reflect on it. The country is watching and the condition of the natives is now a nervous condition (Satre on Fanon).

Some people are wrong too to call Hon Bukenya a Murundi. That thinking is retrogressive: always deny whoever is deemed antagonistic his true identity. It is true that Hon Bukenya came from humble beginnings as he has made that known to the public. Just accept it that there is diversity of opinion among the Baganda, which is actually Buganda’s strength not weakness. I hope his mother will not be overwhelmed by the latest developments. It takes case like his to expose the judiciary in Uganda for what it is: corrupt

Bribing voters was the reason Bukenya’s reelection was cancelled, but who did not? Now will Justice Muganda son of the late CID chief do better than Justice Kibuuka? Your guess is as good as mine. Ah, independence of the judiciary n Uganda. Phew!

To the Prime Minister, Mbabazi let me say this: look at Kenya but particularly the fate that befell Mr. Charles Mugane Njonjo and later Nicholas Kipyetor Biwott. Both had immense power with their own line of friendly judges to nail alleged rivals. But how did they end/ Mr. Njonjo faced a very costly commission of Inquiry where his dirt was aired. Nicholas Biwott who had been Mr. Moi’s aide during the Kenyatta era ended up in jail briefly after Mr. Moi disbanded the Ouko Commission of inquiry. Their lives were never to be the same again.

And let me also tell you something: PM Mbabazi and Nicholas Biwott have another thing in common: both are proposed up by their ties to Israel. That is where I sometimes feel PM Mbabazi feels he can do anything hoping for another Bar Lev-Barlev was the man who put Amin in power because he was in charge military signals- to put him into power.

Well Mr. Njonjo and Biwott who are much wealthier than PM Mbabazi could not save them from Moi’s humiliation. There was a time when Njonjo was a lonely man for to be seen in his company was enough to finish one politically. The mistake Njonjo and Biwott made was to over reach and creating the impression that they were untouchable or were doing things on Moi’s behalf. Remember PM Mbabazi never fought, they say he was busy eating sausage in Sweden .So he cannot say “we fought”. He did not.

If he is delusional that he is acting on YKM’s behalf to even use his side kicks to get closer to the sons of Hiima land pure and you could not get anyone pure as Mr. Nassasira or Mr. Kutesa. They could manipulate Hon Bukenya and send him to Luzira or even influence election petition because he is from Busiro. But now that they have gone after Ibanda and Nyabushozi, stay tuned.

I am betting that YKM will shut down the IGG which will also have ramifications on other political figures. PM Mbabazi should ponder what happened to Mr. Charles Mugane Njonjo and Nicholas Kipyetor Biwott because they way he is operating he is about to get a test of what they got.
No we are not saying justice should not prevail. What we are against is selective, defective and vindictive prosecution.

Who benefited from the CHOGM auto deal that has landed Hon Bukenya in Luzira? It was Kabonero of Casino, brother to Uganda’s Ambassador to Rwanda, Richard Kabonero, who are in laws to Jim Muhwezi.
I mentioned Ms Irene Akwankwa’s murdered father for reason. I hope you take time to figure it out why. it is people like her who have put Ugandan in jeopardy. You would think that given her traumatic past she would not let herself to be used but I guess she learned nothing or maybe they provided for them. She is actually there because her father was murdered.

Yes Hon Bukenya made mistakes and some were costly but he now understands the mafia he was dealing with. They are not satisfied that they killed his son so they are now going after him. And Luzira, a confined place is their best bet to achieve their goal. But one day they or their children/grandchildren will pay for the sins of their parents. That is how Ugandans work. Ugandans never forget.

Given the tight security at the courts, authorities had an advance warning of Irene Akakwansa’s ruling. She must have shared everything with the mafia all the way. And that is the independent judiciary some in NRM wants us to respect. Nope.

The message to Hon Bukenya is hang in there and expose them-the mafia. Do not quit or cut deals. They too have children who shall pay the ultimate price.

W.B.Kyijomanyi
UAH forumist in NewYork

The Position of Kampala Executive Director is Unconstitutional


KCCA Executive Director Jennifer Musisi and Mayor Lukwago are at loggerheads(Newvision newspaper)

Why should Lukwago have to go to the constitutional court? It is very clear that power belongs to the people under article 1 of the constitution of Uganda.

The people of Kampala City entrusted Lukwago with the power to act on their behalf. They voted his manifesto. All Musisi, the Executive Director, has to do is to implement Lukwago’s manifesto.

Lukwago does not need to go to the constitutional court for that. Where did common sense go? Why did they introduce a law which openly contravenes article 1 of the constitution?

It is bad that most people in NRM are dense and those with the brains are corrupt sell-outs. None of them could come out and tell Kaguta off. They leave the man to dwell in ignorance yet he is in a position of leadership. They simply sing praises for the dictator, organise military parades and gun salutes, but no advice.

When discussing or providing advise on legal matters, you must use the principles of law. In countries where the law is the king of the land, there is a principle of law called the principle of compatibility with the supreme law of the land. Therefore, before a bill is presented to the house, a statement of compatibility must be read. In law it is called “causing the statement of compatibility”

If the law is incompatible with the constitution then that law is a wrong law. Lukwago was elected by the people of Uganda to act on their behalf. The constitution provides the people of Uganda with the power to elect political leaders to act on their behalf. These leaders are at all levels. M7 had no authority, not even parliament to take away power from the people and hand it over to the C.E.O. It is unconstitutional and it tantamount to a moral turpitude.

A Chief Executive Officer implements the wishes of the directors of the city. And these directors are the people of Kampala who are represented by Elias Lukwago.

The C.E.O must be accountable to Lukwago and Lukwago must in turn be accountable to the people of Kampala. But how can you have a C.E.O who is not even accountable to Parliament?

M7 is consolidating powers around himself through making draconian laws. And nobody in NRM can even see this. The whole thing is hogwash. Why must Lukwago have to cooperate with Musisi? Musisi must be the one to implement Lukwago’s manifesto and not the other way round.

But the situation is obvious. The courts of law must be left to deal with legal dilemmas and issues which common people cannot resolve. Surely, is the Attorney General, IGG, the lawyers in the president’s office and the NRM secretariat too dense not to see how wrong M7 is on this issue?.

There are certain things which are obvious for Christ’s sake. I understand that they came from the jungles of Luwero after doing worse things against the people of Uganda but there has been enough time for them to learn some civilised values.

Civil servants are not employed by the president. They are employed by the public service commission because he/she is a public servant who is permanent and pensionable. M7 is only supposed to elect the people who the constitution allows him to and these must not be in permanent positions. The position of the CEO is permanent and pensionable by the Public Service Commission. That is what I’m saying. M7 has no right to recruit permanent and pensionable employees. He can appoint RDCs, Ministers, Head of the Army and Police etc. But these positions are not held on a permanent capacity.

What was the justification for this? M7 is not supposed to recruit a civil servant in permanent positions. What happens to that individual if another government takes over power?

The Kampala city Bill is a disaster. Whoever designed it must be mad. The differences between the role of the C.E.O and that of the Lord Mayor are vague. The hierarchy in management is also dangerous.This law is not compatible with the constitution and it is not compatible with its own provisions. It was designed maliciously in evil faith.

Some people claim that because the majority of MPs voted in that manner so it is legal and perfect. Well critical thinking doesn’t agree with that. Actually, it argues that the majority are not necesarily right. Talk about the fallacy of the majority belief. Have you ever heard of argumentum ad populum?

I’m not a lawyer but at least, I studied law. And I can assure you that the process that makes the law does not determin the legality of that law although it is very important that the due process is followed. The concept that informs the process of law making is more important than the process itself . In law, the major concept /fundamental principles is that of natural justice. This is the origin/ foundation of law regardless of what process you use to make the law.

The principles of natural justice require you to hold the truths that; all men are created equal, that they are endowed by their creator with certain unalienable rights. Aristotle adds that “it is of man’s essence to be a free, rational social being; that acts corresponding to man’s essential nature are good, the opposite is bad,. Not because the law makes them so, but because nature does and that law is therefore essentially ‘reason’, ‘a rule of reason for rational beings’.

Cicero also writes that of all things, respecting which learned men dispute, there is none more important that clearly to understand that we are born of justice, and that right is founded not in opinion but in nature.

St Thomas Aquinas wrote that law is an ordinance of reason made for the common good. That natural law is divine law revealed through natural reason and the need of man to conform to natural law is merely that he conforms to his own nature as a rational being.

For M7 made a law that all people who are caught with arms including knives, arrows spears, guns etc must be court-martialled. But the process through which this law was made does meet the principles of natural justice such as; ‘reason’ ‘equality’, ‘common good’ etc. As such, the court martial is stuck with cases where people were arrested with knives.

Another example is the Enabling law which allowed Hitler to pass laws for four years without having the permission of the Reichstag. This meant that he ruled more or less how he wanted. It gave him a legal basis for doing what he did and this was important. It allowed him to ban all other political parties for example, making him a legal dictator. But it does not mean that what Hitler did was right in terms of natural justice despite what the written law stipulated. It was wrong because it did not follow the principles of natural justice.

In law, judges always make reference to “common sense”. Do you know why? Because natural justice which overrides, requires you to “reason rationally”. Even if you are following the written law, you are expected to reason.

In UK, we study law but hand in hand with Ethics and Policy. And where the law contradicts with the ethics and policy, we are required to seek advice from our professional bodies. The written law is not always right. But natural law is always right.

When you read the principle of legal realism which is the third theory of jurisprudence. You will realise that written law is basically not what it dictates but what the legislators, judges, and the public do with it. That is why natural justice prevails all the time.

Another example of bad law and bad law making process is when M7 wanted to remove the principle of innocence until proven guilty. This is a principle of natural justice as well. It doesn’t matter whether this law goes through the process or not, it is a bad law and the courts must not follow it.

RICHARD MUKASA
LONDON

IGG,Baku Rapheal,Should Resign Over Selective prosecution in the matter of CHOGM


What type of IGG should Uganda have? Should the country have a Political or Judiciary and eminent person to investigate the government?

Mr. Raphael Obudra Baku Ag. Inspector General of Government and Vice President EAAACA

The current situation of selective prosecution of former Vice President Prof. Gilbert Bukenya has made us try to understand who the current IGG is and what his intentions and those of his Administration are.

Mr. Baku Rapheal Obudra was born on 25th August 1958 from Metu Sub-County, Moyo District. When he finished his Bachelor of Laws Degree from Makerere University in 1987, he joined the President’s Office as a Legal Officer and in 1992 he joined Hon. Amama Mbabazi as his Principal Assistant when he was the Minister of State for Defence and also the Director General of External Security Organisation (ESO).

With the great help of Hon. Amama Mbabazi, Mr. Baku managed to enter Parliament between 1996 – 2001 representing West Moyo Constituency. He served as member of Defence and Internal Affairs Committee. He survived in Parliament for only one term.

In 1998 Hon. Amama Mbabazi appointed him the Deputy Director Researcher for NRM – Movement Secretariat and in 2004, he made him the Ag. Director Legal Affairs – Movement Secretariat.

In 2005, he was appointed Deputy Inspector General of Government and he is now the Inspector General of Government.

From such a flow of events, one would definitely see the kind of IGG the Government of Uganda has and no wonder there is selective prosecution in the matter of CHOGM and this will continue for other cases if such practice continues.

I think Prof. Bukenya is being prosecuted because of political differences with his Mafia group as he called them some time back because looking at the Prosecutor, you will definitely understand that however much Hon Amama is on the list, he will not appear anyway because everything being done by Mr. Baku is a directive from Hon. Amama Mbabazi.Hon. Amama Mbabazi is the godfather of Mr. Baku Raphael, the Ugandan IGG. A copy of both Amama Mbabazi’s CV and Baku have been attached on the link below:

CURRICULUM VITAE OF BOTH AMAMA MBABAZI AND BAKU RAPHAEL

Will it be possible for such an IGG to prosecute his godfather in different corruption issues for example the CHOGM issue especially that of the Security Tetra CHOGM equipment for which direct money was misused by Hon. Amama Mbabazi? No wonder things are as they are in the Temangalo issue which is still vividly known.

God help our country otherwise all prosecutions being done are politically motivated and for self fights.

Phillip Opio

What are the powers of the vetting committee? Do they have power to appoint too?


Folks:

The revelation that the parliamentary vetting committee chaired by Hon Kadaga the Speaker rejected Hon Henry Muganwa Kajura’s nomination as minister of public service but recommended that he stay on as second deputy PM-because it is more powerful-is bizarre. The Pres wrongly believes that the committee actually rejected Hon Henry Mugwana Kajura’s appointment. No. The committee whose role is oversight actually recommended that his nomination proceed.

Because-and this is important-the vetting committee CANNOT usurp the powers of the executive, their recommendation that Hon Henry Muganwa Kajura should not serve as Public service Minister is null and void. Their role is clear: confirm or reject as presented. Where did the committee made up senior lawyers go wrong? Which section of the Ugandan constitution gives them the power to do what they thought they had done to Hon Kajura? How could the MPs make such a blunder-read dumb decision- which has exposed their judgment and frankly understating of the law? Let me repeat, a parliamentary committee of the house cannot appoint cabinet ministers. Their role is oversight.

The bottom line: As per the constitution of Uganda, Hon Henry Mugwana Kajura’s nomination passed the vetting committee and he is free to serve as appointed by the president of Uganda. If the vetting committee or anyone is not happy with that they should go to court.

Folks, Hon Kadaga-I told you so-has started on a terrible footing. I can bet you that given Hon Ssekandi’s mastery of the law-he was certainly a senior lawyer than anyone on that committee-would not have embarrassed the vetting committee with such Gerry mandering decision making. The decision is clear: recommend or reject.

The first major decision Hon Kadaga as chair of a powerful committee made is a joke. Actually a nullity. Now here is the big question: if Hon Kadaga can blow such as straightforward assignment, how do you folks expect her to make the right call where the law is not clear.

BTW, has anyone EVER turned down a cabinet appointment in Uganda and lived? To expect the cabinet to deliver for the average folks in Uganda is like Ugandans keep hoping against hope that a judiciary headed by the current Chief Justice(CJ) can be reformist when it was his son that now notorious Mmengo Chief Magistrate who installed Katongole Singh as MP. Which raises the big question: can the petitioner in the North Rubaga case ever get justice under the current judiciary in Uganda? Will the CJ redeem himself against the sins of his son and ensure that justice is done or will he allocate an NRM cadre judge to fix the ruling and affirm the actions of his son?

Incidentally VP Kiwanuka Sekandi and Hon CHief Justice Benjamin Odoki followed each other as directors of Law Development Centre under Amin. But Mr. Odoki ate the judgeship earlier. Oh boy, let the waiting for cabinet minister continue, but is musical chairs.

The interesting question is this: why it is that the minister for Luwero is Hon Namayanja who is from the area? Similarly, the minister for Teso is an Itesot. The minister for Northern Uganda is from the region. The exceptions are Bunyoro and Karamoja? Why the exception? For Karamoja, YKM created the impression that by appointing his wife minister of Karamoja, they are ‘sacrificing’ given that Karamoja is a hardship area, oh right. Ok, let is accept it at face value just for today.

If there is any region in Uganda which deserves delicate consideration, it is Bunyoro. In my view, it is an insult to Bunyoro for YKM to name Hon Saleh Kamba from Kibuku the minister for Bunyoro affairs. Why no treat Bunyoro like Teso, Luwero and Northern Uganda?

Let me ask another question: what is the breakdown of permanent secretaries in Uganda by ethnicity? Put bluntly how many permanent secretaries are Banyoro, Baganda, Itesot, Basoga, Bakiigga, Banyankore, Karamojong etc?

I insist that the minister for Bunyoro affairs should be a munyoro because of the challenges it faces. I have nothing personal against Hon Saleh Kamba as person.

The vetting committee should not be allowed to get away with age discrimination. It is none of their business if Mr Henry Kajura is 77 years old. If he is not fit to serve as minister why was he allowed to stand as MP? What does the constitution say about discrimination?

Now if MPs feel that Hon Kajura is not fit to be a minsiter why on earth would they recommended that he should stay on as Deputy PM? What is it I am missing? He is not fit to be minister but fit to be deputy PM? What is going on within that vetting team?

The nonsense of appointing young people should not be an excuse for age discrimination of any form.

WB Kyijomanyi

%d bloggers like this: