Connect with us
  • CRIME

    Our Judicial System Is Now A Mockery, How Can A Common Thief Be Imprisoned Ten Years And A Person Who Shoots The Other Dead Gets 6 Years! – Mabirizi…

    Published

    on

    Kanyamunyu after being sentenced. Inset is lawyer Mabirizi

    Controversial city lawyer Hassan Male Mabirizi has blasted the High Court ruling where businessman Matthew Kanyamunyu, after pleading guilty of murder, was handed a jail sentence of 6 years.

    Mabirizi challenged court and the Director of Public Prosecution (DPP) to tell him how they will convince the population that instead of burning suspected murderers, they should hand them over to police for prosecution, if people like Kanyamunyu, who killed by shooting was handed a sentence 4 years lesser than that of theft under Section 261 of the Penal Code Act.

    “So, in Uganda, a common thief is imprisoned for ten years but a person who unlawfully causes the death of another in a street shooting gets 6 years, from the High Court. So, is our justice system a reality or a mockery?” Mabirizi asked.

    Below is Mabirizi’s full submission:

    1. Yesterday, Mathew Kanyamunyu was a very happy man after sealing a deal he had invested in heavily by way of time and legal fees for 3 years since he secured bail; that is killing the murder case after killing Akena himself.
    2. According to the facts read by Judge Stephen Mubiru, Kanyamunyu “on the 12th November 2016 at Kampala Jinja highway, he unlawfully caused the death of Kenneth Akena. On the fateful day, Kanyamunyu and Akena got involved in a motor accident which resulted into a scuffle and Kanyamunyu shot Akena in the chest,”
    3. Unlike in other criminal trials where witnesses absent themselves, the witnesses in this case were determined to see justice done to the extent that 13 of them had given their evidence notwithstanding Kanyamunyu being on bail. On seeing things moving in a direction he did not desire, he decided to “Kwetuukira” – to go himself to the highest prosecutorial office now held by Ms. J.F Abodo, a sitting Judge and the legality of whose appointment is a subject of two cases in East African Court of Justice one by myself and another by Legal Brains Trust Ltd.
    4. As expected, given his wider connections and capacity to hire a multiplicity of legal brains, Akena’s dead body became a ‘commodity’ to ‘transact on’ in in a process which is neither known in our Constitution nor our Trial on Indictment Act, but promoted by donors under their financial stronghold called JLOS- it is called Plea- Bargaining.
    5. Although I have no problem with that European method in other cases, it has no place in homicides (cases involving death of a person) in our society. So, who was Kanyamunyu bargaining with? Akena’s soul or ghost? Since a dead person has no capacity to bargain, it is a mockery to our Justice system to claim that Mathew Kanyamunyu entered a bargain on murder of Akena, now Akena represented by Ms. Abodo.
    6. The framers of our Constitution highly protected not only our lives but also those of the unborn going by article 22 which states that “No person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court. No person has the right to terminate the life of an unborn child except as may be authorised by law.”
    7. It seems, before killing Akena, Kanyamunyu’s own kangaroo court had sat, in presence of his girlfriend and determined that he dies for damaging his classy car upon which he used a gun acquired by virtue of his status in society. To Ms. Abodo, this was accidental and she amended the Charge sheet. Really? Ms. Abodo, me who lost my mother at the age of 5 knows the pain and grief a young person goes through on a daily basis because of lack of a parent- which Akena’s child will go through in his entire life.
    8. Could your best payment to Akena’s son be in the currency of reducing the charge from a classical murder to an accidental killing? Surely, you abused your mandate and you did not mind about the strong words in article 120(5) of the Constitution that “In exercising his or her powers under this article, the Director of Public Prosecutions shall have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process.”
    9. Ms. Abodo, you abused every aspect of that sub-article; there was no regard to public interest because I doubt that there is any Ugandan who would wish his murder to be a matter of bargain with the murderer hiring high-level bargainers getting off the murder hook, it is against the interest of administration of Justice to treat well-intentioned murders as mere accidental killings and it is indeed an abuse of legal process for the High Court to hear 13 murder witnesses only to receive an amended charge-sheet with a ‘transaction’ of 6 years done.
    10. As stated by DRAGOR HIBER in his book CORRUPTION IN THE JUDICIARY (SERBIA)-2004 that “…A poor protection of human rights, life and property may lead to the appearance of alternative, private mechanisms of protection which usually bring more harm than benefit to the society. The simplest case is when a victimized individual takes justice in his own hands, because he cannot, or believes that he cannot get justice in court…”.
    11. How will you convince our population that instead of burning suspected murderers, they should hand them over to police for prosecution yet Kanyamunyu who killed by shooting was handed a sentence 4 years lesser that that of theft under Section 261 of the Penal Code Act which states that “Any person who steals anything capable of being stolen commits the felony called theft and is liable, unless owing to the circumstances of the theft or the nature of the thing stolen some other punishment is provided, to imprisonment not exceeding ten years.”
    12. So, in Uganda, a common thief is imprisoned for ten years but a person who unlawfully causes the death of another in a street shooting gets 6 years, from the High Court. So, is our justice system a reality or a mockery? It is a mockery and the Ugandans I know will slowly shun it choosing mob justice and witchcraft as their alternatives.
    13. To the practicing lawyers who earn big in making these bargains, just know that you are setting a time bomb for yourselves because the more people lose hope in the Justice system, the lesser will they approach your offices for legal services.
    14. I remind you that any financial support will be appreciated in our on-going fundraising for the age limit appeal in East African Court. Please Contribute via 0701881231/0779869880.

    13th November 2020.

    Comments

    CRIME

    Stanbic Bank In Trouble, Client Petitions Court After She Was Defrauded Of Shs68m Via Flexi Pay…

    Published

    on

    Stanbic Bank CEO Anne Jjuuko whose bank is under fire

    Nakku Joweria a resident of Kyebando has sued Stanbic Bank Uganda limited for failing in its duty of protecting her saving account leading to defrauding her of shillings 68 million which was withdrawn from her account in a period of 24 hours through Flexi pay an application she had never registered for.

    In a court case filed before the Commercial division of the High Court of Uganda and coming up for directions in the registrar Christa Namutebi’s chambers, on the 24th June, 2024 at 9:40am, Nakku Joweria through his lawyers of Kimanje Nsibambi Advocates contends that between 7th and 8th February, 2023, there was unauthorized withdrawal of 68 million shillings from her savings account No. 903000026244 via the Flexi Pay Banking, a platform of Stanbic Bank and a total of 28 unauthorized transactions were conducted by fraudsters who fraudulently accessed her account undetected by the bank.

    She questions how a savings account which had a transaction limit was significantly exceeded during the unauthorized and undetected fraudulent transactions which led to her losing her’ money.

    “Our client has been a loyal client of Stanbic bank since 2001 way before the implementation of the FlexiPay system and at no point did she sign up for or activate the flexi pay on her savings account. The 28 unauthorized withdrawals from our clients account using four unknown Airtel lines raises serious questions and/ or lapses on the part of the bank for which we hold the bank specifically liable for the loss since it was in a better position to detect and prevent this fraud had it exercised reasonable care to detect these suspicious 28 unauthorized transactions that took place within 24 hours on a savings account that was rarely operated by our client,” reads the documents in parts.

    She also questions the effectiveness of the bank’s authentication protocols with their flexi pay system, effectiveness of the transaction monitoring to the extent of allowing 28 unauthorized transactions within 24 hours using four unknown Airtel lines and significantly exceeding the account limit.

    Nakku wants court to direct Stanbic Bank to reimburse 68 million to her account that was fraudulently withdrawn and pay her the costs and damages.

    On 6th February 2023, Nakku Joweria lost her phones to the robbers on her way to work at around 9pm. She reported the incident to police at 9am and to the telecom companies on the 7th February 2023.

    However, the telecom companies MTN and Airtel couldn’t process the new simcards because she had misplaced her original National Identity card.

    The robbers used her MTN number to open up a wallet on the Flexi pay which number had four other Airtel numbers that don’t belong to her which they used to make 28 unauthorized withdraws of 68 million shillings from her Stanbic bank saving account on the 7th and 8th February in a space of only 24 hours.

    When she went to withdraw some money from her account on the 6th, March 2023 that’s when she realized that her money was fraudulently withdrawn from her account.

    She wrote to the bank manager complaining about the matter and the bank promised to do thorough investigations to reveal how the money was withdrawn by the fraudsters.

    Through her lawyers of Kimanje Nsibambi Advocates, she wrote a demand notice to Stanbic Bank manager to reimburse her money since it was their weakness and fault for failure to efficiently protect her account.

    The bank through Twine Arnold, the senior legal advisor, Risk and Dispute Management wrote back with an out of court settlement request.

    However, the bank had proposed to reimburse only 34 million out of the 68 million on the premise that the settlement shall not be taken as admission of liability by any of the parties, a proposal she rejected and instead thought for legal redress in the commercial court.

     

    By Sengooba Alirabaki

    Comments

    Continue Reading

    CRIME

    INSIDE STORY: How Top Legislators Shared $5m Vitol Oil Deal Bribe; Intelligence Warns M7 On How Corrupt Officials Can Cause Downfall Of His Gov’t…

    Published

    on

    Yusuf Mutembuli (Bunyole East), Paul Akamba (Busiki county) and Cissy Namujju (Lwengo Woman MP) who were charged with corruption

    During the State of Nation Address, President Yoweri Kaguta Museveni revealed that he is very careful when dealing with corrupt government officials.

    Museveni however explained that if he fires or imprisons all of them, who will he work with in his government.

    Highly placed sources in one of the highly feared intelligence agency told theGrapevine that Museveni made the said statement after reading a well detailed dossier on how government officials especially those from the Ministry of Finance, Planning and Economic Development connive with senior Members of Parliament and heads of government agencies to fuel corruption in the country.

    Through the said report, Museveni established that his government officials and MPs own multibillion properties locally and internationally and most of them are registered in shudder companies and names of their relatives.

    Details in the report authored by the said intelligence agency matched with the details in the private report authored by Museveni’s trusted seasoned diplomat who revealed the particulars of the properties and companies owned by government officials abroad.

    Museveni instructed his trusted diplomat to author for him the said report after the United Kingdom sanctioned the Speaker of Parliament Annet Anita Among maintaining that he owns fat bank accounts, owns a house abroad and is a big spender.

    It was also revealed that Among has children who are studying from good schools in their country insisting that investigations made by United Kingdom intelligence established that all the money Among used to purchase, buy and educate her children is as a result of corruption.

    However, in his letter to speaker Among, Museveni asked the speaker to confirm to him whether the house in the United Kingdom is owned by her or she is just renting it.

    Among publicly disowned the said house and properties insisting that Rishi Sunak’s government was giving forged documents to President Museveni to cement their allegations that she owns properties in their country.

    She maintained that she doesn’t even own a pussycat in their country.

    Because of the sanctions against the speaker, Museveni directed further investigation in alleged corruption in parliament and more rot was discovered which included $5m Vitol Oil Company bribe.

    Highly placed sources claim that when the Attorney General Kiryowa Kiwanuka started the process of legalizing the monopoly of selling oil in Uganda and all the powers be given to Uganda National Oil Company (UNOC), Swiss based Vitol Oil Company also kicked off the process of taking the deal.

    Sources claim that a number of senior legislators especially lawyers and those sitting on the parliamentary legal committee were approached and they accepted the deal of fighting for the interest of their company to be chosen as the only oil company to sell fuel to UNOC.

    “When the president was in Kenya recently, President Ruto complained that Kenyan companies lost the deal to supply fuel to UNOC because of corruption. The President was preaching the cooperation of the East Africa countries and was shocked because Ruto had all the evidence implicating top government officials and legislators. What the President is doing is to punish those greedy people who placed him in bad light,” a source said.

    Museveni struggled to convince President William Ruto to accept the issuing of the operation license to UNOC because Kenyans were very bitter with the way they lost the multibillion oil deal in Uganda.

    Museveni government and that of Ruto also signed other deals in agriculture and trade and with immediate effect Museveni direct Kiryowa Kiwanuka to withdraw the case Uganda had filed in the East African Court of Justice against the government of Kenya.

    Sources claim that $5m bribe was paid to legislators in installments and legislators especially those on parliamentary committees received their share in installments.

    It should be noted that among the legislators who are currently in detention include; Yusuf Mutembuli, the Bunyole East Member of Parliament and also the vice chairperson of the parliamentary legal committee; Cissy Namujju Donozio the Lwengo district woman legislator and Paul Akamba the Busiki County legislator.

    The trio were yesterday charged have with corruption and they pleaded not guilty. Court records indicate they solicited a percentage share of the Uganda Human Rights Commission’s 2024/25 budget, promising to influence its increase.

    However, just like legislators, top government officials are also panicking over the ongoing investigation against them plus Museveni himself.

    Sources disclosed that because of the scare, it is the reason why Museveni has summoned the National Resistance Movement (NRM) top party organ the Central Executive Committee (CEC) for an emergency meeting on Friday.

    Emmauael Lumala Ddombo the NRM Director for Communication and Information confirmed the said meeting noting that there was a serious decision which was not taken during the Monday meeting which was chaired by Al-Hajji Moses Kigongo the National Vice chairperson.

    Ddombo declined to reveal the decision which was not taken and why they need the guidance of their chairperson.

    Godfrey Kiwanda Suubi the NRM vice chairperson in charge of Buganda told theGrapevine that the president has started biting the corrupt and they will all support him in this struggle.

    He added Museveni has to act on corruption very seriously because it is going to be a strong factor in the coming elections.

    Sources allege that Museveni is going to use the said meeting to share evidence he has received on the huge corruption in parliament with CEC members and a decision will be taken on how to handle the situation.

    Sources said that the decision which is going to be taken is likely going to affect Speaker Among and Adolf Mwesigye the Clark to parliament since they have slept on the job as legislators used their positions to place the country in bad light.

    Museveni is also expected to brief CEC concerning the advice he received from intelligence who warned him that if he doesn’t properly handle the issue of corruption, it can cause the downfall of his government since these government officials can facilitate and sponsor candidates against NRM in the 2026 general elections, sponsor rioters and demonstrators hence creating insecurity in the country.

    But other sources said that CEC members cannot advise Museveni on corruption related issues, because they are also under probe.

    However, seasoned political commentator and also senior presidential advisor on media, Joseph Tamale Mirundi insists that there is no government official who can threaten Museveni because he is the one who made them and has the alternative to weaken them.

    He gave the example of how he weakened John Patrick Amama Mbabazi the former Prime minister and NRM Secretary General who was once branded as the engine that runs Museveni’s government.

     

    By Sengooba Alirabaki

    Comments

    Continue Reading

    CRIME

    Criminal Gang Commander Sent To 15 Years Imprisonment For Tormenting Buganda Road Court Magistrate Kamasanyu…

    Published

    on

    Buganda Road Magistrate Gladys Kamasanyu

    Justice Margaret Mutonyi of the High Court Criminal Division has sentenced Biral Mulinzi, a city criminal gang commander to 15 years imprisonment for tormenting controversial Buganda Road Magistrate Gladys Kamasanyu.

    Mulinzi amended his plea and admitted guilt on charges of aggravated robbery after seeing Kamasanyu preparing herself in the courtroom to stand in the dock and testify against him and other accused persons on the same file.

    Prosecution told court that on 17th July 2021, Mulinzi commanded his gang members who were moving on a motorcycle to attack Kamasanyu who was standing at the gate of Green Hill Academy in Namuwongo a Kampala city suburb.

    The gang who were already high, insulted Kamasanyu by slapping, kicking and showering her with blows until they overpowered her and took off with her handbag.

    In her statement, Kamasanyu said that she was standing at the school gate waiting for the security guard to bring for her the primary leaving examination results of her son which were just released by Uganda National Examination Board (UNEB).

    She explained that the guards stopped her from entering the school because they were the rules put in place to fight the spread of Covid-19.

    She said that the gang took off with her money, Bank ATM card, her iPhone Promax phone, Apple Ear pods, keys to her office and home and her cosmetics.

    Mulinzi was arrested by police after being captured by roadside cameras.

     

    By Hadijjah Namagembe

    Comments

    Continue Reading

    like us

    TRENDING

    theGrapevine is a subsidiary of Newco Publications Limited, a Ugandan multimedia group.
    We keep you posted on the latest from Uganda and the World. COPYRIGHT © 2022
    P.O Box 5511, Kampala - Uganda Tel: +256-752 227640 Email: info@thegrapevine.co.ug
    theGrapevine is licenced by Uganda Communications Commission (UCC)