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    Former NSSF Boss In Tears, Constitutional Court Dismisses Petition Where He wanted To Survive Rotting In Prison For Embezzling Shs3.16bn …



    Former NSSF Managing Director David Chandi Jamwa

    David Chandi Jamwa, the former National Social Security Fund (NSSF) Managing Director is in tears after Constitutional Court justices led by Justice Catherine Bamugemereire dismissed his petition to survive jail.

    Jamwa is fighting to survive 12 years imprisonment and the 10 years without holding any public office upon being released from prison.

    In 2011, former head of the Anti-Corruption Court retired judge John Bosco Katutsi convicted Jamwa on charges of causing financial loss to NSSF.

    State alleges that between September and December 2007 in Kampala, the convict in his capacity as the head of the fund, sold government bonds held by NSSF before their maturity date to defunct Crane Bank at a price below their worth hence causing financial loss to government.

    The convict was accused of causing a loss of Shs3.16bn but he denied the offences.

    He appealed against the sentence and conviction at the Court of Appeal and the appeal was dismissed.

    He further appealed to the Supreme Court which also dismissed his appeal in 2018. Four more years were added to his sentence.

    Jamwa through his lawyers led by senior counsel Peter Kabatsi  and Bruce Musinguzi of Kampala Associated Advocates (KAA) challenged the judgments of the Court of Appeal and the Supreme Court insisting that they violated the Constitution.

    They explained that the judgments violate Articles 2 (2),135 (l), 126 (2) (b), 28 (l), 28 (3) (d) and44 (c) of the Constitution.

    In his submission, Kabaste told Court that while the Court of Appeal received the petitioner’s appeal on 27th of March 2011, it heard the same 3 years and 7 months later on 14th October 2014 and worse still on, delivered the judgment much later on 15th January 2018; precisely 3 years and 3 months later, making the total appeal period almost 7 years.

    Counsel Kabaste further submitted that no explanation or plausible excuse was given to explain the severe violation of Article 126 (2) (b) of the Constitution.

    He contended that the conduct of court to deny the Petitioner a fair hearing amounted to denying him justice.

    He further submitted that the process of delivering the judgment abrogated the constitution.

    He drew court’s attention to the fact that a single justice sat to read the judgment.

    He added that during the delivery of the judgment at the Court of Appeal, the single Justice proceeded to make an extensive statement, not on oath, in which he attempted to rationalise the integrity, validity and authenticity of the judgment he was to deliver.

    Jamwa’s lawyer argued that the Justice in effect was adducing evidence from the bench and further inexplicably and contemptuously denied the petitioner’s counsel the right to address the court thereby denying the petitioner a right to be heard.

    He added that such acts constituted severe violation of Article 129 (2) of the Constitution and thus a serious abuse of authority on his part, rendering the judgment delivered suspect, questionable and fallible.

    In Response, State Attorney Bichachi Ojambo raised a preliminary objection regarding the jurisdiction of the Constitutional Court to hear the matter.

    He submitted that it is not enough to merely allege that a constitutional provision had been violated and that the petitioner had the obligation to prove the alleged violation and its effect before a question could be referred to the Constitutional Court.

    Counsel contended that the matters that the petitioner wants the Constitutional Court to interpret had already been determined by the same court before and their legal fate and stand established.

    He added that no questions that call for the court to pronounce itself on their Constitutionality were raised, the same having been fully and ably determined and resolved by the Supreme Court.

    In their judgment, the justices agreed with the respondent and dismissed the petition with no award for costs.

    In her lead judgment, Justice Bamugemereire stated that there is a contradiction in thinking that every issue that leads to great dissatisfaction must have an answer in the Constitution.

    Bamugemereire explained that there is sometimes tension between the interpretation of the Constitution and judicial enforcement of its commands.

    On the issue of conviction and sentencing, justice Bamugemereire stated that the appellate court does not interfere with the sentence imposed by a trial Court which has exercised its discretion exercised in sentence unless the exercise of the discretion is such that it results in the sentence imposed to be manifestly excessive or so low as to  amount to a miscarriage of justice or where a trial court ignores to consider an important matter or circumstances which ought to be considered when passing the sentence where the sentence imposed is wrong in principle.

    She noted that to consider the issue of severity of the sentence, the Supreme Court has to choose what cases it wishes to take up as mandated under Article 132(2) of the Constitution.

    She explained that the matters of sentence have often been seen as matters of discretion.

    The justice insisted that not every question on whether a discretionary matter as sentencing is one which invites a constitutional question demanding an answer should be answered.

    She concluded that the petition before the Constitutional court was res judicata and since the majority of the panel agreed as much with her, there is no merit in it and therefore it was dismissed.

    Jamwa has the opportunity to appeal against the constitutional court judgment at the Supreme Court while he serves his 12 year imprisonment sentence which he started in 2018 when he lost the appeal at the Supreme Court.


    By Sengooba Alirabaki



    Brig. Gen. Ddamulira Advised To Clear Air On Allegation Of Shielding Criminal Gangs To Avoid Ending Up Like Gen. Kayihura…



    Criminal Intelligence boss Brig. Gen. Christopher Ddamulira

    Uganda’s representative to the East African Legislative Assembly (EALA) James Kakooza has advised the nonsense police’s Director for Criminal Intelligence Brig. Gen. Christopher Ddamulira Sserujogi to come up openly and clear the air on allegation made against him of shielding criminal gangs in Kampala city and Metropolitan areas because he fears a nasty ending like former Inspector General of Police Gen. Edward Kale Kayihura.

    Kakooza revealed that when Gen. Kayihura was at the helm of police leadership, allegations were made against him that he used criminal gangs to solve political questions.

    Kakooza narrated that he severally pleaded with Kayihura that if the allegations are true, he should stop because it was soiling his name.

    He added that Gen. Kayihura’s enemies based on his cooperation with criminal gangs to fabricate criminal allegations against him including pinning him over his involvement in the high level murders in the country.

    He stated that President Yoweri Kaguta Museveni based on the said allegation to fire Kayihura from police leadership and ordered for his arrest and prosecution in the court martial.

    “If president Museveni didn’t handle Gen Kayihura’s issues with maturity and experience, he would have ended up being sentenced to death or life imprisonment because the allegations placed on him were very treasonous. So my young brother Brig. Gen. Ddamulira should come out and clear the air on those allegations put against him,” Kakooza stated.

    He added that Brig. Gen. Ddamulira’s statement will not only cleared him but it will also clear the good name of the UPDF institution.

    Kakooza’s advice comes days after Kira Municipality legislator and also the Forum for Democratic Change (FDC) spokesperson Ibrahim Ssemujju Nganda accused Brig. Gen. Ddamulira of shielding criminals that beat up FDC delegates and stole their belongings both at Busabala and Katonga where they had gone to attend the Extra-Ordinary Delegates Conference summoned by party national chairperson Wasswa Birigwa.

    The Observer newspaper journalist Baker Batte also accused the criminal gang of stealing his brand new laptop.

    However, while speaking to theGrapevine, Batte confirmed that his latotop was recovered by Katwe police even though they have not yet handed it over to him.

    The ghetto leadership in Kampala city, Mukono, Wakiso districts also issued a statement asking Ssemujju to apologize to Brig. Gen. Ddamulira for tarnishing his name that he is shielding criminal gangs in the city.

    Shafik Kalyango, the coordinator ghetto structures, John Lukuse and Geoffrey Nsamba who were arrested by police for terrorising FDC delegates.

    They confessed that they are members of the ghetto structures which is supervised by State House, Brig. Gen. Ddamulira and officials from the ministry in charge of Kampala Metropolitan whose objective is to turn them into good citizens.

    Kalyango added that they are mobilizing the ghetto youths who have not yet joined their structures to avoid being used by the politicians to fight their battles against their political enemies and among them are those who beat FDC delegates and journalists.

    Ssemujju admitted to having seen Kalyango’s letter on social media even though it he not yet been officially served.

    He appreciated the efforts made by Brig. Gen. Ddamulira to organise youths in the city.

    He added that officially, Brig. Gen. Ddamulira denied having knowledge of the criminals hired by the Najjanankumbi FDC camp of party president Patrick Amuriat Oboi and Nathan Nandala Mafabi the Secretary General.

    Ssemujju however noted that there are elements in security circles who are working with criminal gangs in the city.

    He pleaded with Brig. Gen. Ddamulira to use his office to tame them because they will wreak havoc in the country.


    By Sengooba Alirabaki


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    Serial Litigant Wants High Court Judge Mutonyi To Be Sentence To Death By Hanging Or Beheaded For Failing To Post His Ruling On Judiciary Website…



    Justice Margaret Mutonyi

    George Okello, the Resident High Court Judge of Gulu has issued a permanent injunction restraining and baring serial litigant Joseph Opiyo Otiiti from filing any other Court lawsuits against any judicial officer in Uganda.

    In his ruling dated 12th September, 2023, Judge Okello stated that whereas his court appreciates the right of every person to access courts, as observed in a plethora of cases, the matter before him was a very exceptional case in which Opiyo should be barred from continuing his reckless suits against judicial officers simply because they have decided otherwise in cases where he is involved.

    The shocking ruling resulted from an application filed by Opiyo against Vian Kwizera the Grade One Magistrate accusing him of violating his rights when he presided over a matter filed by Gulu Principle State Attorney Joseph Nyeko against him seeking a Court Order to subject Opiyo to mental examination.

    Opiyo sued the Magistrate for allowing Nyeko’s application to have him subjected to medical examination to determine his mental status as Stated under Section 50 of the Mental Health Act 2018.

    Opiyo also accused the magistrate of violating his right when he delayed the quick hearing of his application challenging the staying of his cases in court until he was subjected to mental examination and court furnished with the medical report.

    He further accused him of refusing to give him the record of proceedings to help him challenge his ruling.

    In his application, Opiyo was also seeking aggravated damages of Shs350, 000,000 for defamation and for calling him a person of unsound mind.

    He further prayed that court recovers damages through attachment of 80% of the Magistrates’ salary and retirement benefits, until all his pending cases in court are concluded and finally executed.

    He further prayed for security for himself and his family for 50 years due to fear that he will be murdered.

    He prayed for the prosecution of the magistrate and other judicial officers who violated his human rights.

    The magistrate opposed the application through her affidavit denying all the allegations and explaining that she observed the applicant’s rights during all the judicial hearings.

    He added that none of the applicant’s rights were violated and he gave him all the records of the proceedings on the matter he presided over.

    Nyeko’s application to subject Opiyo to medical examination resulted from the numerous lawsuits filed against judicial officers including one he filed against Justice Margaret Mutonyi because she had upheld preliminary objection raised in a suit lodged by Opiyo against the Actions Against Hunger and the judge was sued together with two law firms of M.S M. Oyet and Company Advocates, Mumtaz Kassam Kassam Mumtaz and Moses Oyet lawyers of Action Against Hunger.

    The judge noted that it was wrong for Opiyo to sue judicial officers, lawyers and their law firms explaining that judicial officers and Advocates enjoyed immunity at common law for their conduct of litigation and that the action made against them by an unhappy litigant was barred.

    The case was presided over by Justice Stephen Mubiru who dismissed it with costs for being barred by law.

    Opiyo again instituted a lawsuit against Justice Mubiru for dismissing his case together with Justice Mutonyi who he accused of not posting the ruling she made against him on judiciary website.

    He pleaded to the presiding judge Alex Mackay Ajiji that Justice Mutonyi be sentenced to death by hanging or beheading over her actions of not posting his ruling on the judiciary website, which was an act of war against the Republic of Uganda.

    The presiding judge ordered in his ruling that due to compulsive behavior Opiyo exhibited in Court, the hearing of his numerous cases pending in court be stayed until a medical report is furnished as to his mental health status.


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    KCCA Top Boss Remanded To Prison Over Shs450m Fraudulent Deals…



    Nakawa Chief Magistrates Court’s Ritah Neumbe Kidasa has remanded Hanniffer Mpuugu the deputy mayor Kampala Central Division over Shs450m fraudulent land deals.

    Court denied Mpuugu’s application seeking to be released on court bail based on the affidavit sworn by police detective Peter Abwona who pleaded to the magistrate not to release her claiming that she will jump the bail.

    In his affidavit presented to court by Doreen Erima the State Attorney, Abwona told Court that when the accused person was arrested by Kira Road police operatives in August 2022 on the said file, she was given police bond which she violated and declined to report back to police as one of the conditions given to her when released.

    Abwona said that Mpuugu’s file was forwarded to the Resident State Attorney for sanctioning and was later taken to court which issued criminal summons to have her arrested but she kept in hiding until an arrest warrant was issued against her.

    He explained to court that detectives traced her through her phone engagements but she kept on changing lines until they finally arrested her along Kampala-Gayaza road when she was with her children going for a party at Kasangati.

    The magistrate was convinced with Erima’s submission and objected to Mpuugu’s application for bail.

    She was remanded until 13th September, 2023 when the hearing of her case will be kicked off.

    According to court documents, in 2021, Mpuugu entered a land transaction with Grace Mulinde to sell him land situated at plot 4 Berkeley Road Entebbe Municipality in Wakiso district.

    The accused person was paid Shs450m and she assured the complainant that the land had no issues and that she was free to use.

    However, when he started using the land, he was denied access to it by members of the Uganda Nurses and Midwives Union who claimed its ownership.

    They told him that Mpuugu fraudulently forged their land title and efforts to recover his money were fruitless as she kept on deceiving him that she was sorting out the matter with the Nurses until he lost hope and decided to drag her to the police.


    By Grapevine Reporter


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