Court sets date for Kiryowa Kiwanuka vs Ssemakadde injunction hearing

ULS Expulsion of Attorney General: Court Sets Date for Injunction Application Hearing

Kampala, Uganda | THE INDEPENDENT | Dozens of lawyers on Friday stormed the High Court in Kampala to follow up on the case in which two of the members of the Uganda Law Society-ULS are challenging the decision by their President Isaac Ssemakadde to expel  Attorney General and the Solicitor General as representatives from the Uganda Law Society-ULS Council.

Those who sued are Lawyers Tony Tumukunde and Joshua Byamaziima.  They petitioned the Court challenging the October 14th 2024 Executive Order number One issued by Ssemakadde expelling the Solicitor General and the Attorney General from the ten-member Council where they were ex officio members.

In his order, Ssemakadde expelled Attorney General Kiryowa Kiwanuka from the  ULS Council citing a string of allegations against him including professional misconduct and conflict of interest.

He said the decision was made to restore public trust in the legal profession and address growing concerns over integrity and accountability in Uganda’s justice system as well as the independence of the bar.

“The ULS has launched a forensic investigation into allegations against Kiwanuka, including violations of constitutional law related to his private legal practice, financial misconduct related to land compensation amounting to Shs 28.8 billion, and misleading Cabinet on matters of judicial independence”, stated Ssemakadde.

Additionally, Kiryowa Kiwanuka was criticized for imposing fees on digital access to Uganda’s laws, seen as an obstacle to justice for ordinary citizens, and for condoning torture and sanctioning military trials for civilians under his tenure, in direct contradiction to Uganda’s international human rights commitments.

Tumukunde and Byamazima petitioned the High Court Civil Division seeking an order to quash the said decision on grounds that it was unlawful.   They said the expulsion of the Attorney General and Solicitor General disrupts the lawful composition of the council as prescribed by the ULS Act. They noted that the continued explosion will diminish the legitimacy of the decisions made by the Council affecting the entire membership which cannot be adequately compensated by damages.

According to Byamazima and Tumukunde,  the improperly constituted Council cannot lawfully exercise its mandate as this will likely lead to invalid decisions, exposing the ULS to lawsuits and further disputes which will harm them as applicants.

They further indicated that the Attorney General represents critical officers within the Ugandan Legal system and their removal deprives the Council of key oversight and guidance which is essential for the proper functioning of the ULS.

They also applied for an interim injunction seeking to block the implementation of the expulsion on the basis that they would suffer irreparable damages if the order is not restrained, as decisions made in the absence of the Solicitor General and Attorney General could affect the membership’s rights and broader public interest.

Tumukunde and Byamazima told the Court to grant them an interim injunction pending the determination of the main suit which they believe raises substantial issues and with chances of succeeding.

They also indicated that the ULS will not suffer any harm or prejudice if the orders sought are granted.

“That the respondent’s actions of not urgently and temporarily restrained would set a dangerous precedent by allowing individuals to alter the lawful composition of a professional body’s governing council, undermining the rule of law and public confidence in the Uganda Law Society’s Governance “, reads their application.

However, the application seeking an interim injunction was today expected to be heard before the Civil Division Judge Esta Nambayo, but she was not present.

The Clerk to the Judge proposed to adjourn the matter to next week on Monday but the lawyers disagreed on the adjournment date for about two hours until when they later went to the Registrar of the Division and signed a consent to adjourn the matter up to November 13th 2024.

Anthony Bazira who represented Tumukunde and Byamazima who were also present at the Court, while Jude Byamukama represented Ssemakadde and the ULS.

Dozens of other members of the society appeared to follow up on the proceedings majority of whom were in support of Ssemakadde and his decision to expel the Attorney General.

Nalukoola Luyimbazi a member of the bar said if the Attorney General feels that he has an interest in this matter, let him appear in court in person instead of sending what he described as his agents.

Byamukama said that ULS cannot be independent when the Attorney General wants to control it. He appealed to the general public to treat this as a doctrinal fight but not an individual fight between Ssemakadde and the Attorney General.

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