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    OPINION: The Legality Of EC’s ‘Scientific’ Election And Why Byabakama & Gang Must Be Arrested For Treason…..

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    Fellow Uganda citizens;

    1. I have taken time to respond to the Byabakama Simon Mugenyi (I do not want to call him Justice because by virtue of article 60(5)(d) of the Constitution, he must have relinquished the office of a Justice of Appeal)’s fraudulent roadmap issued on 16th June 2020 in which he claimed that he will not allow candidates to campaign. This is because I was very busy with another struggle intended to free us from feudalism, that is the Kabaka’s case where my appeal from the illegal decision of The Court of Appeal (Ntende, Obura & Muhanguzi) setting aside the order my Judge Basaza-Wasswa for Kabaka to show his Bank Statements, land titles and Register of Occupants was heard by the Supreme Court(Oio-Aweri, Mwondah, Prof.Tibatemwa, Buteera & Mugamba) on 18th June 2020 and Judgment reserved to be delivered later.
    2. After Byabakama admitting that he got instructions from Museveni, you now see why I up now insist that he must be out of that commission. Article 62 of our Constitution provides that “Subject to the provisions of this Constitution, the commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority.” This man who was at the centre of fraudulent rape and treason prosecution of Dr. Besigye in 2005 chose to disregard the constitution in preference to the wishes of the 34-old junta.
    3. Under article 1 of the Constitution, power belongs to us, the people and not these job-seekers at Electoral Commission (EC) headed by Byabakama and as rightly held in JUSTICE KALPANA v. THE JUDICIAL SERVICE COMMISSION & ORS, Kenya Court of Appeal Civil Appeal No. 1 of 2016, that “….in exercise of their sovereign power the people of Kenya can do virtually anything they wish,…invocation of sovereign power remains powerful and unquestionable…In our view, the principle that a people have the power to change,…The principle of sovereignty belies such precept…”, we can choose to chase them and re-organize ourselves because although our sovereignty cannot be taken away without a referendum, Byabakama and his team can be sacked, arrested, prosecuted and imprisoned without even a Parliamentary resolution.
    4. By article 260(20)(a) providing that our right to ‘express our will and consent on who shall govern us and how we should be governed, through regular, free and fair elections’ can only be removed through a referendum, the framers were aware of people like Byabakama who would come up with fake schemes to rule us by force. These framers were also smart enough to have provided under article 3(2) that “Any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law.”
    5. In the instant case, Byabakama and his gang, most of whom are not qualified to be in those offices are using trickery and fraud hiding under Covid-19 to overthrow our Constitution which is clear under:
    6. Paragraph II(i) of National Objectives and Directive Principles of State Policy that “The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.” Byabakam is opting for passive participation of the people by claiming that they should listen to radios yet the Constitution intended to make us public participants as opposed to ‘listening posts’
    7. Article 1(4) that “The people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through referenda.” The meaning of word free means without restrictions and you cannot tie us to radios and Tvs and claim to be organizing a free election.
    8. Article 38(1) that “Every Uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law.” Contrary to this, Byabakama is telling us to sit back in our houses as he purports to manufacture election results upon which we will be governed for the next five years. This is real treason by this man and his gang.
    1. I know that the incompetent lawyers and politicians will start claiming that campaigning through radios, Televisions and Social media can result into a ‘free and fair elections’ but I just pity them because while nullifying Kenya 2017 Presidential elections, in ODINGA V. UHURU & ORS, Presidential Election Petition No. 1 of 2017 Kenya’s Chief Justice David Maraga with his 3 other colleagues guided that “[212]…. elections are a true reflection of the will of the Kenyan people. Such an election must be one that meets the constitutional standards. An election such as the one at hand, has to be one that is both quantitatively and qualitatively in accordance with the Constitution. It is one where the winner of the presidential contest obtains “more than half of all the votes cast in the election;…. the election which gives rise to this result must be held in accordance with the principles of a free and fair elections, which are by secret ballot; free from intimidation; improper influence, or corruption; and administered by an independent body in an impartial, neutral, efficient, accurate and accountable….”
    2. It is easy to see that Corruption is already at helm of the Commission which is headed by a man who refused to relinquish his position as a Judge, a man who leads his team to meet Museveni at his home well aware that Museveni will contest in the election and with most Commissioners who are actually NRM mobilizers. This gang now wants to ease its robbery of our sovereignty through their ‘scientific election’.
    3. There is nothing scientific in the electoral fraud organized by Byabakama because science is based on facts which are proved and verifiable yet this Museveni-Byabakama elections is based on dishonesty, criminality and without any verifiability. It’s indeed another fraudulent scheme to call it ‘scientific’.
    4. Fellow Ugandans, Section 15(1) of our Criminal Procedure Code Act gives you powers to arrest Byabakama and his gang because it provides that “Any private person may arrest any person who in his or her view commits a cognisable offence, or whom he or she reasonably suspects of having committed a felony.” The term cognisable offence is defined by section 1(b)(i) as any offence—which on conviction may be punished by a term of imprisonment for one year or more while a felony is defined by section 2(e ) of The Penal Code Act to mean an offence which is declared by law to be a felony or, if not declared to be a misdemeanour, is punishable, without proof of previous conviction, with death or with imprisonment for three years or more.
    5. I have already stated that Byabakama and his gang of Aisha Lubega, Stephen Tashobya, Peter Emorut, Justine Ahabwe Mugabi, Mustapha Ssebagala Kigozi & Nathaline Etomaru are committing treason under article 3(2) of the Constitution and by Section 23(1) of The Penal Code Act, a person convicted is liable to suffer death hence it’s a cognizable offence. This means that I and any other person who suspects that Byabakama and EC commissioners have committed treason have a right to arrest them and I will start my hunt for them so that they can be brought to justice before its late just like you should also start your hunt.
    6. The action of arresting Byabakama and other EC members is well protected by article 3(4-6) of our Constitution which provides that “All citizens of Uganda shall have the right and duty at all times— to defend this Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and to do all in their power to restore this Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions. Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this Constitution commits no offence. Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed, and that person shall be taken to be absolved from all liabilities arising out of the punishment.” You are perfectly covered by the law.
    7. Byabakama and gang, just know that you did not come from mars, you came from amongst us and do not be blinded by those mean-looking gun-wielding men who are indeed under our command because they serve in our interests. Comply with the Constitution and organize a credible election putting in mind that no amount of bribery, fraud and foolery will make Ugandans shift from here to elsewhere or will make you change your birth places from Uganda.
    8. It is so dangerous to know a fraudster from day one and continue to play by his tricks because if you do, you will be aggravating your damage. This is the reason why we, as Uganda People’s Interests cannot waste any energy is participating in this Museveni-Byabakama fraudulent scheme named elections.
    9. Fundraising for our East African Court of Justice Ref. No. 6 of 2019 against age limit removal is on-going via 0701881231/0779869880. The hearing will be via video-link on 13th July 2020.

    20/6/2020

     

    MALE H. MABIRIZI K. KIWANUKA

    PRESIDENT, UGANDA PEOPLE’S INTERESTS.

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    MY MONEY

    Travellers Left In Shock After City Businessman Dies On Ethiopian Airlines Flight From Dubai…

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    Travellers and staff at Entebbe International Airport were on Tuesday afternoon left in panic mode after a businessman identified as Yusuf Kulembera died aboard Ethiopian Airlines plane minutes after it landed at Entebbe International Airport.

    Without revealing the cause of his death, Uganda Civil Aviation Authority (UCCA) spokesperson, Vianney Luggya, noted that doctors confirmed Kulembera’s death upon arrival at Entebbe International Airport.

    “The passenger arrived aboard Ethiopian airlines that touched down at 1:47 pm. The doctors checked and confirmed his death. The body was then taken to City Mortuary Mulago, Kampala for postmortem,” Luggya confirmed.

    According to reports, Kulembera, a resident of Nkumba, Katabi Town Council in Wakiso District was flying to Dubai for business.

     

    By Kobusiinge Monica

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    CELEBRITY GOSSIP

    Why Money Lender Is Auctioning Bitature’s Multibillion Posh Hotels, Tycoon’s Lawyers Reveals Next Step…

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    Tycoon Bitature (Top R) and some of the properties that the money lender wants to take

    Vantage Mezzanine Fund 11 Partners, a South Africa money lending company through their lawyers of M/S Kirunda & Wasige Advocates have hired the services of Quickway Auctioneers & Court Bailiffs to auction properties worth billions belonging to city tycoon Patrick Bitature, the proprietor of the Simba Properties Investments Companies Limited.

    In an Advert placed in Wednesday’s Daily Monitor newspaper, the Court Bailiffs informed the debtor Bitature that he has only 30 days to pay the amount of money with interests borrowed from their client otherwise his properties will be sold off through auctioning.

    Among the properties which the set to be sold include Protea Hotel-Naguru (Skyz Hotel), Elizabeth Royal Apartments and Moyo Close Apartments.

    Bitature’s troubles started in 2014 when he secured a $10m loan from Vantage Mezzanine and he used the said properties as security.

    However, Bitature’s lawyer Fred Muwema rubbished the said auctioning claiming that it is illegal and violates the laws governing the auctioning process.

    The advert in today’s Daily Monitor auctioning Bitature’s properties

    The furious lawyer even threatened to sue the Daily Monitor for advertising illegal and malicious information against his client claiming that the matter was settled in Justice Musa Ssekaana’s ruling.

    He insisted that High Court judge Ssekana refused to allow the auctioning and advised both parties to wait for the pending judgement before the High Court Commercial Division in Kampala.

    Vantage Mezzanine dragged Uganda Registration Service Bureau (URSB), Simba Properties Investment Company Limited, Simba Telecom Limited, Linda Properties Limited, Elgon Terrace Hotel Limited to court for failing to transfer the mortgaged properties into their names.

    When Bitature failed to pay his loan, Vantage started the process of transferring the shares of the mortgaged properties but URSB refused to implement the process that is why they were also sued.

    In their suit, Vantage wanted a Court declaration that it was illegal for URSB to refuse to register documents lodged to transfer the mortgage.

    However, Bitature through his lawyers wants Court to declare that it was illegal for Vantage to register the transfer until the completion of the Commercial Court matter.

    An affidavit from Moses Muziki, on behalf of the applicant stated that on 18th June, 2021, the applicant lodged documents relating to the transfer of shares in Simba Properties Investments Company Limited, Simba Properties Limited, Linda Properties Limited and Elgon Terrace Hotel Limited.

    He added that the respondents did not comply with the law and did not provide the applicant with a satisfactory reason for not registering the shares and their lawyers learnt that the respondent’s lawyers were requesting to halt the process.

    “This Court would have issued an order of mandamus compelling the applicant’s request to consider the registration of their documents on merit or advance reasons for denial or refusal to register the same in accordance with the law,” the judge ruled.

    Muwema based on the above ground to protest the process of auctioning their client’s properties.

     

    By Sengooba Alirabaki

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    CRIME

    Kabaka Mutebi, Tycoon Ham Kiggundu Kigo Land War Deepens As BLB Boss Faces Prosecution Over Conflict Of Interest …

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    Tycoon Ham Kiggundu (L) and Kabaka Ronald Muwenda Mutebi (R). Inset is Bashir Juma

    Kabaka of Buganda Ronald Muwenda Mutebi’s Kigo Land war with city tycoon Hamis Kiggundu, the proprietor of the Ham Enterprises Limited has deepened after Ham’s lawyers called for the prosecution of Buganda Land Board (BLB) boss Bashir Kizito Juma over conflict of interest.

    Kabaka through his lawyers led by Buganda Attorney Christopher Bwanika, lawyers from K&K Advocates and S&L Advocates petitioned the registrar Land Registration John Karuhanga seeking the cancellation of land titles Comprised on Kyadondo Block 273 plot 23974, 23976, 23975, 23977 and Kyadondo Block 273 plot 87,99, 110 situated at Kigo in Wakiso district.

    Kabaka asserted that he is the rightful owner of the land and accused Ham of fraudulently conniving with officers at Wakiso district land board to grab his land which he inherited from his father and grandfathers.

    He added that Ham admitted that he illegally obtained the land and accepted the cancellation which he strongly objected to in his defense before Karuhanga.

    In his defense, Ham, through his lawyers led by Fred Muwema contended that he is the owner of the land after he legally obtained it from Wakiso district land board.

    He claimed that the survey report which Kabaka Mutebi based on to argue his case is fake since it is not even dated and that’s the reason why he appointed a private surveyor William Matovu to conduct another survey report which contradicted with that of the Kabaka. He promised to present it to the registrar.

    He pleaded to the registrar not to base on the testimony of Bashir Kizito Juma, the legal Attorney to Kabaka because he has a conflict of interest in the matter.

    “Our contention is that there is an actual conflict of interest in the duties of Bashir Kizito Juma acting both as a public officer and a private officer of the complainant,” Ham’s lawyers said.

    They added, “This type of conduct by Bashir Kizito Juma is against the Code of Conduct and Ethics of Public Service issued under the Public Standing Orders 2010.”

    They divulged that conflict of interest is a punishable crime in Uganda especially where a public officer holds a position in a private body whose operations are in conflict with his official duties.

    He added that the irony of the matter is that the freehold titles were granted by the Wakiso District Land, which employs Bashir Kizito Juma which means that he is both a witness and the architect of the complaint.

    “This tribunal can therefore not entertain this conflict of public officers to pursue a conflicted complaint which derogates all best practice in public law. In our considered view, entertaining this complaint as presently filed is to perpetuate illegality and a constitutionally prohibited act,” they stated.

    Ham pleaded with Karuhanga’s tribunal to dismiss the complaint and declare him the rightful owner of the said land.

    Bashir Kizito Juma is the head Corporate affairs, operations and business development at Buganda Land Board (BLB), a corporate body that runs the kingdom’s land.

    Karuhanga is set to declare his team’s decision this week.

     

    By Sengooba Alirabaki

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