The Uganda Law Society (ULS) has ousted current the Attorney General (AG) Kiryowa Kiwanuka Nsumikambi Mugambe.
In a statement on October 14, ULS President Isaag K. Ssemakadde said Mugambe’s ex officio position on the ULS Council is manifestly untenable.
Ssemakadde explained that the resounding feedback from both ULS members and the public during and after the recent ULS campaigns unequivocally condemned the AG’s blatant disregard for judicial accountability, citing instances of impunity, corruption, and abuse of office.
Therefore, the ULS Council resolved to initiate a forensic investigation and public inquest into allegations of incompetence, criminal activity, and professional misconduct by Mugambe.
Meanwhile, Ssemakadde said the AG ceased to be the head of the bar and will not conduct nay business on behalf of the bar.
However, Mugambe remains a member of the Uganda Law Society
“Wherefore, by this Order, AG Kiryowa Kiwanuka Nsumikambi Mugambe is no longer recognised as Head of the Bar and has no authority or competence whatsoever to act for or on behalf of or to represent the Uganda Bar,” the statement reads in part.
Attorney General Accused of Breaching the Constitution & Conflict of Interest
It is alleged that Mugambe breached of Articles 2(2) and 113(4) of the Constitution of the Republic of Uganda by failing to resign from private legal practice or cease from doing business with the Government of Uganda through his known law firm and a syndicate of select advocates in private practice.
The AG is also allegations of conflict of interest, abuse of office, and causing the Government of the Republic of Uganda a financial loss of Shs28.8 billion.
According to Ssemakadde, this is in connection with the compensation of alleged claimants of land acquired for the Namanve-Luzira 132kV Transmission Line and Associated Substations.
“These allegations stem from a total disregard of the law, court decisions, and a Cabinet decision prohibiting compensation of encroachers on swamps, wetlands, and lakes,” Ssemakadde said.
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Misleading Cabinet & Ministers
Additionally, Mugambe faces multifarious allegations of misadvising Cabinet and Leaders of Ministries, Departments, and Agencies on the rights of advocates and other court users.
This, the ULS states that is in total disregard of the independence of the Judiciary and the legal profession, which has undermined the integrity of Uganda’s legal system.
“This includes contemptuous advice that the Government can arbitrarily overturn court awards through cabinet decisions and instead issue ex gratia administrative orders to judgment creditors, as seen in the protracted cases of the West Nile, Acholi, Lango and Teso war claimants and the cattle corridor ranchers,” the President said.
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Interfering with Appointments & Condoning Torture
Mugambe is also accused of wrongfully interfering in the appointment processes of the Judicial Service Commission and Law Development Centre thereby undermining the independence of the institutions and eroding public trust.
Besides, he is accused of imposing an unpopular, unjust, and unconstitutional decision on the Uganda Law Reform Commission, requiring a fee for accessing Ugandan laws digitally thus hindering access to justice and the rule of law.
ULS added that Mugambe has curiously condoned torture, subversion of bail and the trial of civilians in military tribunals ever since he assumed office.
This the Society said is contrary to the Government of the Republic of Uganda’s commitments under International Human Rights Law.
“He has threatened, without Cabinet backing, to amend the law to ensure that courts do not acquit or stay the trial of a suspect on account of having been tortured while in custody,” Ssemakadde added.
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