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    Justice Kisaakye Drags Boss Chief Justice Dollo To Court, Narrates How She Has Been Tortured Since She Ruled In Support Of Bobi Wine Election Petition….

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    Justice Esther Kisaakye (L) and CJ Owiny Dollo (R)

    Supreme Court Justice, Dr. Esther Kisaakye Mayambala has dragged his boss the Chief Justice Alfonso Owiny Dollo (respondent No.1) to court.

    Kisaakye Mayambala has also dragged the Judiciary Permanent Secretary, Pius Bigirimana (respondent No.2), Judiciary Commissioner Human Resource, Apophia Tumwine (respondent No.3), Chief Registrar, Sarah Langa (respondent No.4), Judicial Service Commissioner (respondent No.5) and the Attorney General (respondent No.6) to court.

    A letter from the Registrar Court of Appeal tasked Dollo and his co-accused that, “Take notice that the Petitioner Justice Dr. Esther Kitimbo Kisaakye, JSC has filed a Petition against you in this Court. You are hereby required to file an answer within seven (7) days after the Petition has been served on you.”

    “Should you fail to file the answer on or before the date above mentioned, the Petitioner may proceed with the Petition, which may be determined in your absence. Given under my hand and Seal of this Court this.”

    KISAAKYE NARRATES ORIGIN OF HER WOES

    In Her petition, Justice Kisaakye disclosed that her woes started when she decided to write and deliver her own ruling in the Presidential Election Petition of 2021, Kyagulanyi Ssentamu Robert vs. Yoweri Museveni Tibuhaburwa, Electoral Commission

    & Attorney General.

    She noted, “Your Petitioner notified the 1st Respondent and all other empanelled Justices of the Supreme Court that she was writing and would deliver her own Ruling in the Recusal Application together with her reasoned Rulings in Miscellaneous Applications No. 1, 4 and 5 of 2021.

    “Following the withdrawal of Presidential Election Petition No. 1 of 2021, the Court then fixed 18th March 2021 as the date for the delivery of all the reserved reasons in Miscellaneous Applications No. 1, 4 and that from 18th March 2021 until the date of filing this Petition, the Respondents have jointly and severally engaged in unconstitutional acts and omissions which are inconsistent with and contravene the Constitution as outlined herein under.”

    Kisaakye narrated that, “on 18th March 2021 the day set for delivery of final detailed

    rulings in all Miscellaneous Applications arising from the said Presidential Petition, Court was convened and the majority reasons for the decisions were read by three Justices who were part of the majority.”

    Kisaakye added that when Court was adjourned for 30 minutes, during the adjournment, Dollo asked her for copies of her ruling.

    She says that she told him and the rest of the Justices that due to tight timelines within which the Court was working, she had not been able to complete typing of her Ruling and as a result her consolidated Rulings were partly typed and partly hand written. ‘

    “Your Petitioner (Kisaakye) informed the 1st Respondent (Dollo) and other Justices of the

    Court that there was no constitutional or legal requirement imposed on her to share her reasons before delivery since the Court had already made all its decisions and issued the respective summary Rulings in all the Applications under reference,” she said.

    She added, “During the adjournment, the 1st Respondent (Dollo) then directed your

    Petitioner (Kisaakye) not to deliver her Rulings on grounds that your Petitioner (Kisaakye) had not shared with the 1st Respondent and other Justices of the Supreme Court her detailed reasons for the respective Rulings which had been earlier reserved by the Court, as stated herein before.

    “Your Petitioner (Kisaakye) maintained that position throughout the rest of the interaction with the Chief Justice and other Justices during the adjournment. She also informed the 1st Respondent (Dollo) and other Justices of the Court that she would go ahead and deliver her reasoned Ruling even though they had all declined to return to the Court.

    “That following the 1st Respondent’s unconstitutional directive and the decision by 1st Respondent (Dollo) and the refusal of all other Justices of the Supreme Court to return to the Court, your Petitioner (Kisaakye) proceeded back to the Court Room to deliver her Ruling.

    “As your Petitioner (Kisaakye) returned to the Court to deliver her Rulings, the armed police officers attached to the 1st Respondent ran ahead of her and collected your Petitioner’s Files along with those of other Justices.

    “That during the adjournment, your Petitioner’s files containing her consolidated reasoned Rulings were confiscated by armed police officers on the directives of the 1st Respondent and they were handed over to the 1st Respondent.

    “That subsequently, the lights and public address system in the Court tent which had served as the Court room were switched off and the Court room was locked up on the Orders of the 1st Respondent.

    “That your Petitioner was compelled to use a duplicate file to deliver part of her Consolidated Rulings in Miscellaneous Applications No. 1, 4 & 5 of 2021 and she set the 19th day of March 2021 at 11:00am for delivery of her Ruling in Miscellaneous Application No. 3 of 2021.

    “That thereafter, your Petitioner repeatedly requested the 1st Respondent and the Registrar of the Supreme Court to return her confiscated Rulings and Files to enable her to issue her full Rulings of the Applications but the 1st Respondent has continued to keep your Petitioner’s files since March 18th 2021 and has adamantly refused to return them.

    “Your Petitioner also repeatedly requested the 1st Respondent and the Registrar of the Supreme Court to fix a date for delivery of her Ruling in Miscellaneous Application No. 3 of 2021 but the 1st Respondent refused the Registrar of the Supreme Court to fix a date for the Petitioner to deliver her said Ruling on grounds that the Court was functus officio. The 1st Respondent further directed the Registrar of the Supreme Court to close the File.

    “That since 18th March 2021 to the date of filing this Petition, the 1st Respondent has continued to confiscate Your Petitioner’s Rulings and files and has obstructed your Petitioner from issuing her full reasoned Rulings in Miscellaneous Applications No. 1, 4, & 5 of 2021 to the parties and the public and from delivering her Ruling in Miscellaneous

    Application No. 3 of 2021.

    “That as a result of the 1st Respondent’s said actions, the Supreme Court of Uganda has not released its full reasoned Rulings in the said Miscellaneous Applications to the parties and the people of Uganda.

    KISAAKYE NARRATES HOW SHE HAS BEEN “TORTURED”

    Kisakye narrates that since then, Dollo and Bigirimana have made her life hard.

    She adds that Dollo refused to allocate her work since then and Bigirimana refused to give her driver and bodyguard their leave allowances.

    “That your Petitioner duly completed her leave and resumed her duties on 27th June, 2022 but the 1st and 2nd Respondents turned around and accused your Petitioner of having been away from office without official leave (AWOL) since September 2021.

    “The 2nd Respondent (Bigirimana) has also refused to pay the allowances for Your Petitioner’s driver and body guard and your Petitioner contends that the 2nd Respondent’s omission to pay the leave allowances for the Petitioner’s driver and body guard is discriminatory, amounts to victimization and is inconsistent with and in contravention of articles 21 (1) & (2), 22, 26, 28(1) 40(1) (6), 42, 40 (1) (c), 128(1 ), (2) & (7) and 173(a) of the Constitution,” she says.

    She adds, “That since Your Petitioner returned from her leave on 2th June 2022; she has since been omitted from Supreme Court duty rosters and cause-lists despite informing the 1st Respondent, the Administrative Judge of the Supreme Court and the Registrar that she is available and ready to work.

    “That following the indefinite closure of the operations of the Supreme Court on 30th May 2022, the 1st Respondent directed that there would be a Justice on duty every week but your Petitioner has been excluded from all duty rosters released by the Registrar of the Supreme Court since 30th May 2022.”

    Kisaakye says that her research assistant was also withdrawn and transferred to Jinja.

    She narrates, “That on 7th July 2022, your Petitioner’s Research Assistant (who had been recently appointed as Magistrate Grade I in accordance with Judiciary policy) was summarily removed from the Petitioner’s chambers by the 4th Respondent and redeployed in Jinja with the knowledge of the 1st Respondent.

    “That in contrast, the Research Assistants of all other Justices of the Supreme Court who had also been appointed as Magistrates Grade I, were retained by the respective Justices of the Supreme Court where they had been serving prior to the appointment.”

    Kisaakye adds that Bigirimana even denied her a letter of undertaking when she asked for a salary loan from the bank.

    “That on 22nd June 2022, Your Petitioner applied to the 2nd Respondent for a letter of undertaking to her bankers for a salary loan top up, and the 2nd Respondent declined to write the said letter of undertaking on grounds that your Petitioner was under investigations by the 5th Respondent,” she says.

    She contends that Dollo, Bigirimana and the Attorney general removed her from the judiciary payroll.

    “That on an unspecified date, the 2nd Respondent purportedly acting under Article 164(1) of the Const1tut1on gave instructions to the judiciary staff responsible for processing Judges’ salaries not to process your Petitioner’s salary and benefits with effect from July

    2022.

    “That your Petitioner was consequently removed from the Judiciary and Government payroll and was not paid her salary and benefits for July and August 2022 to her great financial and social embarrassment, general inconvenience, mental anguish and adverse publicity and institutional ridicule.”

    SETS TOUGH TERM FOR DOLLO AND TEAM

    Kisaakye wants court to compel Dollo, Bigirimana and other respondent to;

    Immediately reinstated as the administrative Justice of the Supreme Court by the 1st Respondent.

    The Petitioner be included in the Supreme Court duty rosters and cause lists and be allocated work to do.

    The Petitioner be refunded with the cost of buying a pair of reading glasses and the expense incurred for the eye surgery in the United States of America.

    The 2nd Respondent pays interest at 25% per annum on the Petitioner’s salary and allowance for the period when the said salary and allowances were unconstitutionally withheld by the 2nd Respondent and also pays all the Bank penalties incurred by the Petitioner to her bankers when her salary was not remitted to the Bank to service her salary loan with compound interest thereon at 2S°/c, per annum from the time the penalties were incurred till payment in full.

    The Respondents jointly and severally pay General Damages to the Petitioner with interest thereon at 25% p.a from date judgment till payment in full for;-

    1. Damages to her judicial, professional and personal reputation from 18th March 2021 till the filing of this Petition.
    2. Pain, suffering and mental anguish suffered from 18th March 2021 till the filing of this Petition.
    3. Damage to her credit worthiness with her bankers for the delayed payment of her salary loan instalments.

    Kisaakye also wants the respondents to jointly and severally pay the Costs of the petition.

     

     

    By Hope Kalamira

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    NATIONAL

    OPINION: Why Media Council Can’t Punish The Observer Over Un Registered Journalists…

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    The writer Emmanuel Kirunda (L) and Media Council boss Paul Ekochu (R)

    Scriptures say in Proverbs 28:1 in the Bible that, “the wicked flees when there is no one pursuing them,” this won’t be the case with the Uganda Media Council team that has already mooted a plan to hound the Observer newspaper journalists under disguise of caring to find answers to their alleged breach of journalistic ethics in reference to its regulatory duty, as it cannot go unchallenged.

    In his letter to the Observer Newspaper Editor dated May 8, 2024 under which he summons them to appear before the Council’s disciplinary committee on Monday, 20th May 2024 under section 9 of Press and Journalist Act cap 105, over their May 8, 2024 news article of vol.19 issue 017, titled; ‘MPS Bribed to Save Government Agencies’ that is said to have derogated the sanctity and integrity of parliament, the Council’s chairperson Mr. Paul Ekochu also put the Newspaper administration on notice for failing to register the particulars of its Editor contrary to section 5 of the same Act, saying it is a criminal offense.

    While the Council is charged with the duty of registering journalists and or enforcing penalties in the wake of any un compliance case, it cannot legally exercise the same in its current form, following the violation of requirements under the same legal instrument from onset by the ICT Ministry that performs the supervisory role over the Council and other bodies therein.

    As part of its mandate, the ICT Ministry should be doing a lot in ensuring the better welfare standards of journalists by prevailing over the errant employers who time and again occasion exploitation, but sadly focuses a lot on accusing the practitioners of falling short of ethical standards whose viability spines around the welfare unanswered question, a corner stone to independent journalism.

    Suffice to note is that, although the draconian Act was enacted in bad faith with an intention of annihilating the Uganda Journalists Association (UJA) that had already been around in the space since 1963 managing the journalistic landscape when it was put in place in 1995, this never succeeded as it was rejected by journalists given its anomalies, and it only now remains on books but can’t practically, legally, journalistically and logically be enforced.

    And time has come for the officials in the ministry to accept the sectoral reality.

    Media Council Wrong to Register Journalists.

    As of now the Uganda Media Council cannot sanction the Observer Editor over failure to have registered their particulars or any other journalist, and if this happened, it is illegal according to the High Court’s ruling that was given in January 14, 2021 petition filed by Centre for Public Interest Law (CEPIL) and journalists under the Editors Guild against the Attorney General for Media Council.

    Filing of this petition was prompted by December 20th 2020, then the Deputy Inspector General of Police Maj. Gen. Paul Lokech’s public statement that the Police would block journalists without the Media Council Press cards from covering the 2021 general elections, in reference to the flawed Media Council guidelines for the 2021 general elections.

    Court declared that the registration of journalists by the Media Council of Uganda without an operational National Institute of Journalists of Uganda (NIJU) to enroll journalists in accordance with the Press and Journalist Act is illegal, irrational and procedurally irregular.

    Like Media Council, NIJU, as a creator of the bad law (Press and Journalist Act of 1995), has been at its death point from onset.

    The Councils’ purported guidelines had earlier been strongly protested by the UJA and other journalist organizations, noting that their intention was to curtail the enjoyment of press freedom ahead of the elections.

    The trial judge Esther Nambayo stressed that without the functioning of the NIJU, the Media Council would be acting outside its mandate to register and issue practicing certificates to journalists in Uganda.

    Court also issued an order of permanent injunction restraining the implementation of the illegal and irrational directives of the Media Council.

    Now one wonders how the Observer newspaper will be subjected to penalties by the same Council in moribundity of the would-be journalists’ registration authority!

    Would one therefore, be wrong if they describe as contempt of Court the Council’s decision with regard to the Observer journalists’ fate?

    Would it be wrong for journalists to believe that the Council’s intervention during this time is an attempt to gag critical journalism that helps with pointing to the ills in the society that should instead be addressed by the relevant authorities?

     

    “The Pen is Mightier Than the Gun”.

    This article was written By Emmanuel Kirunda, Journalist and Secretary General, Uganda Journalists Association (UJA).

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    NATIONAL

    OPINION: Bobi Wine’s NUP At Crossroads As Internal Strife & Looming Split Paves Way For Gen. Museveni To Reclaim Buganda…

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    NUP boss Bobi Wine. Inset is President Museveni. On the left is the writer George Mubiru

    Robert Kyagulanyi Ssentamu’s personal pursuit of excellence may have inadvertently fueled National Unity Platform (NUP) vanity, creating internal tension.

    The “fearfully high standard” alludes to the challenging expectations one imposes on oneself, potentially resulting in moments of self-loathing when those standards aren’t met. It explores the complex relationship between personal aspirations, the emotional toll they can take and NUP’s aspirations as an institution.

    The young party has no chance of resurrection. Tireless efforts of displacing Hon. Mpuuga has completely buried it with least chances of remaining the chief opposition party ( something Bobi Wine feels comfortable to settle down for) come 2026.

    The storm has erupted through out Buganda and angered the staunch Buganda traditionalists and elite politicians whose mirror is Mpuuga. Bobi wine has  created a small group within NUP that believe in kleptocracy, an egocentric virtue which can not mirror out political, social and economic inclusiveness of all Ugandans.

    Bobi Wine and his small group in NUP that seems to feel satisfied with polluting the masses and hoodwink them in order to exploit, impoverish, repress and lie to make money. This is exhibited in his previous calls on the public to riot and reckless utterances of politics of identity to gain sympathy. He has on several occasions attempted to slash social and economic programs extended to the wanainch from western countries and the global economy. They worship Money and opposition power supremacy.

    When more than three thirds of the current NUP Members of Parliament continue to fume over Bobi wine’s poor administration of the party, it has opened the eyes of majority ugandans that the cardinal intention of NUP is not removing Gen. Museveni from power, but to make money.

    There is continuous accusations and counter accusations with in the party at a prime time NRM is reorganizing itself through structures to massively win the forthcoming polls. For example, Hon Abed Bwanika has on several occasions castigated NUP’s secretary general for calendistinely working for NRM and called upon him to resign. He has also accused NUP top leadership for placing homosexuality on its high agenda, something which is morally unacceptable to Uganda’s customs and culture.

    The internal strife has further been worsened by another persistent battle for the true ownership of the party between Bobi Wine and the Kibalama group. This has recently failed the approval of pro Bobi Wine’s new NUP constitution by the electoral commission.

    Various NUP MPs, have on several occasions come out to condemn their party of extortion and continuous money demands. They have expressed regret of landing into the wrong hands of the NUP leader. Others have fallen out with their party on refusal to implement dirty missions which could lead the country and wanainch into turmoil as revealed by hanji katerega when he recently appeared for an interview.

    What is the implication of the  Mpuuga-Bobi Wine-Kibalama fight?

    1. The young party has split into two groups and this division has left Bobi Wine and his group with out the capacity to bridge it. It should be remembered that the same happened to Busoga, the only sub region Bobi Wine won outside Buganda and currently there and two parallel groups; one led by Moses Bigirwa and another by Andrew Kaluya.
    2. NUP has lost its only remaining strong hold of Buganda. Hon Mpuuga is seen as the leading politician in greater Masaka and therefore perceive the allegations against him as witch hunt by Bobi Wine.
    3. A looming political party or pressure group by the elite politicians and majority NUP members of parliament is on the cards. This will be the last straw in the back of NUP. Some people especially the youth, well knowing that NUP cannot cause the change they desire, will definitely follow the new anticipated wave.
    4. President Museveni and the NRM will gain back it’s support from Buganda because of consistence and good will to the country. People would rather revert to NRM for stability. I prophesize victory for Gen. Museveni and the NRM in Buganda come 2026.

    Gen. Museveni is like a cliff. He can’t betray the mission he accepted from the people of Uganda as a revolutionist and freedom fighter. He stands firm and tames the fury of the water around him and strikes with a win.

    He once said; “All those in NUP are my children. You will see. I’m in there, everywhere and work with my children. Kyagulanyi’s group, I will finish it. You just wait. I work from underground as you’re up there shouting oye! Oye! Oye!”

     

    The writer, George Mubiru, is a researcher, political analyst & Ass. RCC JINJA City.

    Tel. 0754877595

    Email: georgemubiru93@gmail.com

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    MY MONEY

    Leaders Of Traders Panicking After M7 Directs Investigation Over Allegations Of An Invisible Foreign Hand Fueling Their Strikes To Sabotage Economy…

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    L-R: Some of the leaders of traders: Godfrey Katongole, David Kabanda and Thadeus Musoke

    Kampala Metropolitan Senior Minister Hajjat Minsa Kabanda has exclusively confirmed to theGrapevine that president Yoweri Kaguta Museveni has directed the country’s intelligence organs and Kampala Capital City Authority (KCCA) to investigate the alleged invisible hand behind traders’ leadership.

    She explained that preliminary investigations have established that some leaders of traders who are advocating for endless strikes are biased in their decisions because there is an invisible hand pushing them with an agenda of sabotaging the country’s economy and creating an ungovernable situation.

    “We know whatever they are planning. Our people are on ground, so they should stand warned,” Kabanda said.

    She revealed that President Museveni was shocked to establish that in Kampala city alone, traders have more than 30 associations and each one of them has command.

    This has created suspicion and the need for an investigation to establish their true motives.

    The development comes at a time when traders are threatening to go into a two months strike without opening their shops in the city center if president Museveni doesn’t address their demands including the banning of the Electronic Receipting and Invoicing System (EFRIS).

    On 7th May 2024, Museveni directed Uganda Revenue Authority (URA) to sit down with leaders of traders and sort out their differences.

    The President guided that once these leaders and URA agree, they should make a joint report which they should read to him and other traders on 20th of June 2024 at Kololo independence grounds.

    However, before that meeting, Minister Kabanda has disclosed that Museveni is set to meet leaders of traders in the State House to have some issues sorted out noting that government is doing everything in its power to make sure that what happened on 7th May 2024 never happens again.

    She explained that it was bad for traders to shout at the President and embarrass senior government officials to the extent of accusing some of corruption insisting that traders’ behavior sent a warning signal to government that there must be an invisible hand influencing and facilitating them.

    theGrapevine has established that the leadership of Kampala City Traders Association(KACITA) led by Thadeus Musoke Nagenda, Federation of Uganda Traders Association(FUTA), Katukazane Shoe Dealers, Kampala Arcaders Advocacy Forum, United Arcarders Traders Enterprenuers Association,  Uganda Needy and Squatters Association have resolved to join hands and strategise on how to come up with a common voice before the President.

    Highly placed sources in intelligence have revealed to theGrapevine that all eyes are on David Kabanda who is being investigated for working for some opposition bigwigs who promised him support in the coming elections.

    Sources said that Kabanda wants to become the city councilor on Lord Mayor Ssalongo Erias Lukwago’s council.

    However, veteran journalist and the Senior presidential advisor on media Joseph Tamale Mirundi advised Museveni not to take lightly statements made in the United Kingdom’s House of Lords that King Charles’s leadership should influence regime change in Uganda.

    He explained that the western powers are going to use all the available means to sabotage Museveni’s leadership insisting that there is invisible hand in traders’ frequent strikes.

    But a section of KACITA leadership told theGrapevine that there are people in President Museveni’s government who are facilitating the creation of endless traders associations with the aim of benefiting from them and fighting the unity among traders.

     

    By Sengooba Alirabaki

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