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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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    NATIONAL

    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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    CELEBRITY GOSSIP

    We Want Our Money, We Are Tired Of Sleeping Hungry; Ebonies Actors Cry Out For Help – Dr. Bbosa Speaks Out…

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    Some of the senior actors in ebonies

    Ebonies actors and actresses have cried out for help claiming that they are sleeping hungry and being chased out of houses for failing to pay rent.

    One actor who preferred to remain anonymous revealed to theGrapevine that the Ebonies management has spent close to three months without paying some of them.

    “We are tired of sleeping hungry, they are chasing us from houses of Shs.30,000 because we don’t have money to pay yet we keep working and entertaining people,” he said.

    She further revealed that on complaining to their boss, the Chief Executive Officer (CEO) for Ebonies, told them to be patient with him because, at the moment, the company doesn’t have money.

    “He called us to a meeting where he started telling us how the company doesn’t have money. He told us to give him time to borrow money to pay us.”

    When theGrapevine reached out to Mr. Sam Bagenda alias Dr. Bbosa, one of the senior members of Ebonies who has spent many years in the acting industry, he refuted the allegations noting that it is not true that actors and actresses are not paid.

    “I already put out my statement on those issues a longtime and like I said, it is false,” he said.

    Bbosa added that their business is moving on so well that people are even enjoying the different plays at National Theatre.

    “People are just trying to get likes and subscriptions so they create information from nowhere but you should know when you are excelling in a certain field, you always have the negative energy trying to pull you down,” he divulged.

    Bbosa furthermore told this website that if one is not strong enough, only that can disorganise the whole progress.

    He then insisted that their business is moving on well and no one is complaining.

     

    By Kalamira Hope and Joel Wansaale

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    NATIONAL

    I’m Going To Celebrate My Rank Down On Kampala Road – Muhoozi Vows After His Father Promotes Him To Rank Of General…

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    The First Son Muhoozi Kainerugaba welcomed the rank of General given to him by his father President Yoweri Museveni.

    “I thank Ugandans for loving me. I will wear this rank, we celebrate and work continues!” Muhoozi tweeted.

    “We are going to have a celebration down Kampala Road for this rank. I thank my father for this great honor!” he added

    President Museveni, who is Commander in Chief of the Uganda Peoples’ Defence Forces (UPDF), also dropped Muhoozi as Land Forces commander.

    In a statement released today by UPDF Spokesperson Brig. Gen. Felix Kulayigye, Muhoozi will continue with his duties as Senior Presidential Advisor for Special Operations

    The statement reads, “H.E the President and Commander in Chief of the Uganda Peoples’ Defence Forces has promoted and appointed General Officers as follows: Lieutenant General Muhoozi Kainerugaba promoted to General and continues with duties as Senior Presidential Advisor for Special Operations.

    “Major General Muhanga Kayanja promoted to Lieutenant General and appointed Commander Land Forces. The Ministry of Defence and Veteran Affairs and UPDF fraternity congratulate the General Officers upon their well-deserved promotions and appointments.”

    Muhoozi’s promotion and demotion follows uncontrolled tweets from him with one stating that his army would capture Kenya within two weeks.

    “It wouldn’t take us, my army and me, two weeks to capture Nairobi.”

    “I’m happy that members of our district in Kenya, have responded enthusiastically to my tweet. It’s still two weeks to Nairobi,” he sarcastically said.

    Muhoozi further provoked tweeps that they (Kenya and Uganda) are going to be one country. Any war against them will end quickly.

    “The borders that were established by the colonisers mean nothing to us, revolutionaries. Nairobi.”

    His tweets forced the Ministry of Foreign Affairs to clear the air on how they conduct the country’s foreign policy.

    According to a statement dated October, 4th, 2022, Ministry of Foreign Affairs noted that the debate on social media in respect to the relationship between Uganda and the brotherly neighbour, the Republic of Kenya, (initiated by Muhoozi), should not be taken seriously.

    “The Ministry wishes to emphasize that the Government and the people of the Republic of Uganda treasure the existing strong bilateral relations between the people and the Government of the Republic of Kenya based on our shared history, common values, mutual respect, trust and the desire to build a unified East African Community,” the statement read.

    “To this end, the Government of the Republic of Uganda wishes to reiterate its commitment to good neighbourliness, peaceful co-existence and cooperation.”

    The Ministry of Foreign Affairs further clarified that the Government of the Republic of Uganda does not depend on social media sources in dealing with other sovereign Governments.

    “The Government of the Republic of Uganda, therefore, wishes to reiterate its cordial relationship with the Republic of Kenya and assure the people and the Government of the Republic of Kenya of our harmonious relationship that we value.”

    Minister for Security, Maj. Gen. Jim Muhwezi has distanced himself from the matter noting that he doesn’t want to talk about media reports because it is not authentic and not worth the energy to talk about it.

    “Someone asked about media reports (Gen Muhoozi’s tweets) and I don’t even remember what it was about but I don’t want to talk about media reports. It is not authentic and not worth the energy to talk about it. I have no comment about that.”

     

    By Hope Kalamira

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