Mabirizi wants Kasaija and 3 three others arrested for personation

By Sania Mabirizi

City lawyer Male Mabirizi Kiwanuka has instituted private criminal proceedings against four former minister including Matia Kasaija,Edward Katumba Wamala, Abubakar Jeje Odongo and Benny Namugwanya Bugembe and wants court to issue an arrest warrant against them.

Mabirizi is accusing the former Ministers of personation after they allegedly continued to carry out government duties as official ministers despite their terms in their respective offices including that of Minister of Finance, Internal affairs, works and Transport and Minister For Kampala having expired on the 12th of May 2021.

In his letter addressed to Chief Magistrate Buganda Road Court dated 17th May 2021, Mabirizi, is accusing the former government officials of continuing to impersonate themselves as ministers and wants court institute criminal proceedings against them.

In his affidavit to support his private prosecutions against the four, Mabirizi claims that on the 12th of May 2021, the five year term of of Cabinet expired, and accordingly, all minister’s offices became vacant, but in the 14th of May 2021, Gen.Katumba Wamala held press conference at the Uganda Media Centre in an official capacity as minister for works.

He also accuses Kasaija of speaking to the press on the same day at the same government media center as minister for Finance, while, on the 15th of May, Jeje Odongo allegedly personated the minister of Internal affairs and officiated at the taking of office of the new Executive Director, National Identification and Registration Authority.

Mabirizi further alleges that on the 14th of May 2021, Namugwanya had a press conference and personated the Kampala minister ,where she gave updates on the swearing in of new Kampala Capital City Authority elected leaders.

Mabirizi claims that as a civically active Ugandan who has been closely following the Constitutional, Hunan Rights and Rule of Law trends in Uganda, he knows that the above actions by the said former ministers constitute offences of impersonation, contrary to section 38(1) of the Penal Code Act, for which the accused should be charged and tried.

He adds that the said alleged offences were committed in Kampala Capital City Authority in Central Divison, within the criminal Geographical jurisdiction of the Court.

However, it remains to be seen if state will allow him to privately prosecute the said Government officials since it keeps on taking over all his privately instituted criminal proceedings including that of Ministee Kutesa in which he allowed a family to fly back into the country during the Lock down among others.

Other privately instituted criminal cases by Mabirizi that have been taken over by state include that against Chief Justice Alifonse Owinyi Dollo for allegedly bullying a fellow supreme Court judge Esther Kisakye in the concluded Presidential election petition filed by National Unity Platform Party President Robert Kyagulanyi and his case against Kyagulanyi over his academic transcripts.

However, after state taking over the said cases, many do not get to be prosecuted but state just loses interest in prosecuting them.

Mabirizi accuses the Chief Justice of denying him access to Supreme Court premises

By Sania Babirye

City lawyer Hassan Kiwanuka Male Mabirizi is stranded outside the entrance of the supreme Court in Kololo after he was denied access to enter the court premises this morning allegedly on orders of the Chief justice Alifonse Owiny Dollo.

Mabirizi is accusing the Chief Justice Alifonse Owinyi Dollo of giving orders to the security guard to not allow him access the court premises after he was informed by the security at the gate that no one is allowed to enter the supreme Court premises.

Mabirizi says he had gone to witness his ruling due to be delivered by Justice Kisakye who deferred from the majority judgement on why the Chief Justice should recuse himself in the Kyagulanyi presidential Election Petition.

Mabirizi explained that Justice Kisakye told him to return back today at 11:am to have his minority judgement since she was unable to deliver it yesterday due to time constraints but he was surprised to find the Supreme Court gates closed.

He further says that he had also came to file his rejoinder at the East African Court in a case he filed against Justice Dollo for refusing to recuse himself from hearing Kyagulanyi’s petition, that is housed at the Supreme Court premises and also serve the chief justice and his other seven justices with their drafts after he filed a complaint before the Juducial Service Commission this morning about their alleged misconduct in yesterday’s supreme court drama.

He adds that he has personally called the chief justice on his personal number and the Judiciary PRO Solomon Muyita but they have all declined to answer.

He says he will remain camped at the gate until the chief justice answers his call and tell him why some people are allowed to access court while others can’t.

Mabirizi adds that he is a party to a case ,filed all fees, then he should not be bared from accessing court on allegedly the chief justice orders.

He has called upon the chief justice to allegedly stop using the supreme Court as his personal office yet its a public office stating that he had warned the Parliament of Uganda from approving his appointment but no body listened to him.

Chief justice tells off Mabirizi

By Sania Babirye

The chief Justice Alifonse Owinyi Dollo says he refused to recuse himself from hearing the Presidential Election Petition filed by National Unity Platform Party President Robert Kyagulanyi despite having been president Museveni’s lawyer in the past because it is wrong for the Chief Justice to abdicate his constitutional duties just because there was a case concerning the president before him.

While giving a detailed judgement to City Lawyer Male Mabirizi’s dismissed application for recusal, the chief justice stated that being a former Museveni’s personal lawyer in 2006 is of public knowledge and that he has never tried to hide it .

He further stated that his conscience and integrity in his work is clear and transparent and that it is the reason why he has never been accused of bias before while on his judicial duties.

Justice Dollo claims that the two two times Mabirizi accused him of meeting president Museveni in Entebbe during the hearing of Bobiwine’s presidential election petition were public functions to which he was invited to attend including the swearing in of a new judge on the 10th of February and to lead the Judiciary committee on budget which is a function of the chief justice.

Meanwhile, the 8 other justices on the panel also dismissed Mabirizi’s application for recusal on grounds that it was a personal matter but necessarily needing a quorum for determination.

Some of the grounds that Mabirizi alleged included the fact that the chief justice is a former lawyer of president Museveni having represented him in 2006 during the Presidential Petition filed by Dr. Kizza Besigye .

Mabirizi further alleged that Justice Dollo met President Museveni in private on the 7th of February in pendency of the said petition which he says is not fair in the interest of serving justice which made him unprofessional.


Mabirizi asks JSC to investigate CJ over Misconduct

By Sania Babirye

City Lawyer Male Mabirizi petitions the Judicial Service Commission asking the disciplinary body to terminate contract of the Chief Justice of Uganda Alifonse Owiny Dollo. He accuses the CJ of misconduct during the hearing of the now withdrawn Presidential Election Petition filed by National Unity Platform Party President Robert Kyagulanyi.

In his petition, Mabirizi wants a tribunal appointed to investigate the CJ’s alleged misconduct and if found to be true, then,suspended from office.

Mabirizi notes that under the law, the chief justice can not be impeached, but the JSC can investigate any alleged disciplinary allegations against the CJ, then advises the president to appoint a tribunal to investigate the allegations and that during that period under investigation, the CJ can be suspended from office and if he is found guilty, then he can be removed from office.

Mabirizi who presented a 70 page petition including the alleged misconduct by the CJ says, he has done his part as a concerned citizen.

Some of the misconducts that Mabirizi claims include the failure by the chief Justice Alifonse Owinyi Dollo to recuse himself from the Kyagulanyi presidential Election Petition despite having been president Museveni’s personal lawyer before, the decision by the CJ to deny setting a date to hear his application in which he was seeking the supreme Court to stay any proceedings in regard to the Kyagulanyi’s Presidential Election Petition until the East African Court of Justice hears his main petition challenging the CJ’s refusal to recuse himself and finally, the CJ’s going ahead to hear Kyagulanyi’s application seeking to withdraw the said Presidential Election Petition and court indeed allowing to withdraw it after refusing to recuse himself.

Mabirizi claims that he has sufficient evidence to prove that the Chief Justice is indiscipline and should not continue as the chief justice and that the Judicial Service Commission should investigate those allegations, then advise the president appropriately for justice to be served.

If the tribunal is appointed, it will hear the CJ and Mabirizi, before coming up with their tribunal of either to dismiss the said allegations or recommend for the termination of the CJ.

Mabirizi Seeks To Expose Corruption Amongst Supreme Court Justices

By Sania Babirye

City lawyer Male Mabirizi has petitioned the secretary to the judiciary Pius Bigirimana to avail him with the budget and expenditures for the two presidential Election petition including that of NUP president Robert Kyagulanyi in his effort to allegedly reveal corruption related offences by the judiciary staff.

In his letter dated 15th February 2021 and addressed to Bigirimana, Mabirizi says he is a civically active Ugandan who is aware of section 17( 1)c of administration of the judiciary act 2020 which mandates Bigirimana to be in charge of the expenditures of the judiciary.

Mabirizi further states that article 41 of the constitution provides that every citizen has a right to access to information in the possession of the state it any other organ or agency of the state and that he is exercising the said right to seek for the budget, particulars to the expenditure including who received what money , for what purpose and planned expenditures in respect of the two presidential election petitions.

He adds that their must be transparency and accountability in such great cases and that he needs the said Information to pursue his citizen duty as mandated by the constitution to expose any, combat and eradicate any corruption, abuse or misuse of power by those holding Political and other public offices.

Mabirizi further claims that since 2019, the Supreme court justices were in conflict over money spent and shared during determination of presidential of his own constitutional Appeal against the lifting of the presidential term limit and that he is suspicious that a lot of money is being spent enormously under the blanket of the presidential election petitions.

He adds that a closer look into these evidence might reveal evidence of corruption related tendencies by the judiciary staff and wants Bigirimana to avail him with the said documents with in the mandated 21 days.

Mabirizi’s case hearing further pushed

By Sania Babirye

The East African court of Justice has pushed to the 27th of March hearing of the case in which City lawyer Hassan Male Mabirizi is seeking to stop the 2021 general elections roadmap until the same court hears and determines the main case in which he is challenging the the Constitutional Amendment Act 2018 which lifted the presidential age limit of 75 years.

In his application, Mabirizi says that if the elections roadmap is not stopped before determination of his main case, Ugandans will suffer irreparable damages.

He also wants the regional court to stop EC from going on with organizing any process leading to the 2021 general elections including recruiting of polling officials since the process is being led by an illegitimate law which is being challenged in the same regional court.

In the main petition, Mabirizi wants the higher court to declare the supreme court ruling that upheld the constitutional amendment null and void on grounds that it was unconstitutional and also stop the 2021 general elections roadmap .

Mabirizi claims that the actions of Parliament, Executive and the Judiciary in processing, pursuing and upholding the Constitutional Amendment Act 2018 are unlawful and illegal because members of parliament never held any consultative meetings with Uganda’s as provided for by the constitution.

Mabirizi further states that members of parliament were bribed with 29million shillings each to pass the constitutional amendment through claiming that the said funds were meant for Nationwide consultation which they never carried out.

Other illegalities in the passing of the the amendment cited by Mabirizi include the suspension of members of parliament who were opposed to the amendment by the speaker of parliament, the speaker Sending the Bill to the Executive well knowing that it had errors such an invalid certificate of compliance and violence that marred the process of passing the amendment.

Mabirizi says the EACJ should declare all amendment null and void because the actions of the three arms of government contravened the provisions of democracy and rule of law in the East African Community treaty.

The petition is being heard by five justices including Uganda’s justice Monica Mugenyi who has just been appointed by president Museveni as court of appeal judge.

In May this year 4 out of the seven justices of the supreme Court led by the chief justice Bart Katureebe, Stella Arachi Amoko, Rubby Opio Aweri and Jotham Tumwesigye upheld the constitutional court ruling that declared the amendment constitutional while justice .

These ruled that despite several breaches that took place during the tabling , debating and passing the constitutional amendment, they did not have any substantive effect on the whole enactment of the 2018 act while justice Eldad Mwangusya, Lillian Tibatemwa Ekirikubinza and Paul Mugambe dismissed the petition and declared the amendment null and void.

Mabirizi drags Justice Sekana to JSC over misconduct

By Sania Babirye

Controversial City lawyer Male Mabirizi has petitioned the Judicial service commission to have High court Justice Musa Sekana dismissed as a judge due to alleged incompetence and misconduct.

Mabirizi’s petition before the JSC comes after Justice Sekana dismissed his petition in which he thought to have Electoral Commission chairman Justice Simon Byabakama removed from office saying he was holding the said office illegally since he never resigned officially as a judge.

Mabirizi claims that Justice Sekana was not only incompetent but his actions during hearing of the said dismissed case was a judicial fraud.

He claims that Justice Sekana admitted that he worked for EC for over 20 years and yet in 2006, he represented the Electoral commission in a case that was challenging the nomination of FDC presidential candidate Col.Kizza Besigye.

Mabirizi is further faulting Justice Sekana of refusing to excuse himself from hearing the said case due to conflict of interest when he asked him to do since he had represented EC before, and the fact that Justice Byabakama was his colleague as a fellow judge.

Mabirizi has also alleged that during the hearing of the said case, justice Sekana unfairly treated him when he threatened to throw him out of court and cause his arrest on top of justice Sekana telling him that he was submitting rubbish many times which shows that he was biased.

While dismissing Mabirizi’s case, justice Sekana accused Mabirizi of filling the said petition out of the required time.

By law, Mabirizi was meant to file the said case within the first three month of justice Byabakama’s appointment but instead Mabirizi filed his case almost three years since he filed it on the 29th of November 2019 yet Justice Byabakama was appointed on the 7th of January 2017.

Mabirizi’s land case against the Kabaka thrown out

By Daudi Zirimala
Buganda Kingdom has welcomed the court of appeal ruling for dismissing Male Mabirizi Case against his Majesty  Ronald Muwenda Mutebi II over his land.
Speaking after the ruling the kingdoms attorney General David Mpanga said that the court judges unanimously agreed that Mabirizi case against Kabaka was doubtful because he is not a tenant on Kingdom land.
Three judges  dismissed Mabirizi case saying the bank accounts of the king he wanted to access weren’t part of the case and ordered Mabirizi to pay costs the kingdom incurred during the court process.
Mpanga says that Mabirizi had no permission to open a case against Kabaka on behalf of his tenants,therefore this ruling should act as deterrent measure against this who wish to humiliate his Majesty the Kabaka.