Log in
Free: The Observer Mobile App - Exclusive Content and Services

It is not fair for Katureebe to condemn and accept violence

Chief Justice Bart Katureebe

Chief Justice Bart Katureebe

The Judiciary issued an interesting statement, dated August 3. It stated that the chief justice, Bart M. Katureebe, “is dismayed by the acts of hooliganism” after Gladys Kamasanyu, a magistrate grade one, was hit in the face with a bottle…

Since joining the Judiciary in 2005 as a Justice of Supreme Court, Katureebe has justified violence and hooliganism which have eroded our social fabric. Upholding the violent 2006 presidential election, Katureebe stated that “…the incidents of intimidation and violence were not characteristic of the whole country but only scattered…”

In Mbabazi’s petition, the Katureebe-led panel stated that “…there is no way a candidate would control some overzealous supporters…engaging in a fight with supporters of another candidate…”

In the recent age-limit case, where I was the first appellant, he stated that “…security personnel did not invade parliament out of the blue. Neither was there an organized plot by the state to attack parliament and/or overthrow the constitution. …there was a group of members who were determined to prevent debate of the bill at all costs…What happened, and which was highly regrettable, was therefore due to contribution of the members of parliament…circumstances did not warrant the involvement of UPDF personnel, which involvement led to the use of brutal and unnecessary force and violence, occasioning injury and degrading treatment to some members of parliament. This has to be condemned;…The violence meted out to some members in the House, though illegal…was because the members had defied the code of conduct…the violence in and out of Parliament did not vitiate the entire process of enacting the impugned Act...”

And yet Article 44(a) of the Constitution provides that notwithstanding anything, there shall be no derogation from the enjoyment of the freedom from torture and cruel, inhuman or degrading treatment or punishment.

After filing my application in the East African Court of Justice to halt the 2021 Elections Roadmap until my case is determined, I went to Buganda Road court to listen to the judgment as well as sentencing the next day.

I had earlier attended a ruling where Dr Stella Nyanzi was prevented from advertising for witnesses. Upon her lawyers informing Kamasanyu that they no longer had instructions, she set the matter for judgment giving only the state a date to file submissions and none for Dr Nyanzi. Which court determines a case before hearing?

Just like Katureebe’s group which refused to summon the Speaker in the age-limit case, Kamasanyu refused to summon the complainant, Mr Yoweri Museveni, but convicted the accused, kept her away from court at sentencing without any reason and sentenced her to 18 months in prison without an option of a fine, although the offence carries a maximum of three years in prison or a fine to a maximum of Shs 1,400,000.

Therefore, using Katureebe’s words, hitting Kamasanyu was not out of the blue. Neither was there an organized plot to attack her. It was clear that she was determined to defeat justice at all costs. What happened, and which was highly regrettable, was her fault. This has to be condemned. Though illegal, it was because Kamasanyu had defied the judicial code of conduct.’

After justifying violence in three consecutive decisions, Katureebe has been a good teacher to our generation that ‘the end justifies the means’ and he would hence be the last person to blame the suspects.

It was also reported that in pendency of trial, Katureebe praised Kamasanyu for the way she was handling the case, although it was below standard. He repeated this in the statement, well aware that such prejudices any possible appeal.

Judicial officers need to know that under Article 126 of the Constitution, they are accountable to the people in whose name and aspirations they are supposed to serve, hence they must be logical in their actions or else they will face more self-provoked on-duty challenges.

malehmkk@gmail.com

The author is a lawyer

Comments

-1 #1 kabayekka 2019-08-14 15:42
It would indeed help this lawyer to put up a judicial committee for Uganda so that the formulation of an interim civil government can be encouraged beyond 2021.

Much of the citizens of this African country are going to support such a legal window of opportunity for this country to obtain change and move on. You cannot reason with a fool, because those watching might not be able to see the difference.
Report to administrator
+5 #2 Lysol 2019-08-14 21:14
Africa is a violent continent. The dictators rule by violent.

So may be the judiciary condones it like that senile old cadre judge, Katureebe,
Report to administrator
+2 #3 sula 2019-08-15 19:09
The only wish is :God should give the likes of Katureebe more time on earth to be able to see a Uganda led by Ugandans.

They have ruled us the way they rule their Dogs but when our time comes , we shall not skin them alive, we shall only show them what it means to be a true Ugandan.
the Baganda say ""gwowonya aggere yalikusabya''
out of kindness ,people were given refuge , they havent been grateful at all- instead they have defecated on Ugandans. Karekezi, Katureebe, Kaguta , Kalangwa,Kagame etc
!!!!!!!! Oh God !
Report to administrator
+2 #4 Remase 2019-08-17 14:11
Mabirizi, I cant thank you enough. Fellow Ugandans,our entire judiciary is a constitutional delinquent, because of our chief crook (CC) Katureebe!

A fish rots from the head, therefore CC Katureebe, the head of the crooked judges, is rotten, what do we expect from Gladys Kamasanyu, a magistrate grade one? Do you remember deputy CC Kavuma?

We, Ugandans, are in a pickle because there is no rule of law in the nation. M7 captured power by means of violence and/or unlawful means, which in essence means, organized crooks/criminals, M7, his family/relatives and the Katureebes are ruling by and/or exercising organized crime!
Report to administrator
+2 #5 Zaitun 2019-08-18 13:40
Africa is not a violent continent, and Africans by nature are one of the most peaceful people the world has ever known.

But our greatest problem in Uganda is the way the Brits deposed Ben Kiwanuka to be replaced by two prominent enemies who could not trust each other- Milton Obote and Edward Mutesa in 1962 under the pretext that a Catholic should not be a President. Since then, Uganda has never known peace.

The culture of guns and Coup d'Etat that was planted is now a curse to us. Yes, the current govt. is run by extremely violent characters, who I am sure, learnt this art from the way they slaughtered goats, sheep and cows, taking us for the same.

They have now turned Ugandans as their livestock to be killed at will. Enough raison why they do not see the extend of violence they cause to Ugandans but only cry foul when they get the same treatment from the poor.

Yes, they have no love for Ugandans other than their own family members.
Report to administrator
0 #6 kabayekka 2019-08-18 16:09
Remase thanks you have made a point. Organized crime has its leadership, its constitution, and its supreme courts of law.

The Hollywood film of the Godfather about the rule of the Mafia during the 1950/60 in North America showed well what such an organization and its structures look like all over this trading world.

Up to now many people think that such a criminal outfit concerning crime in America did assassinate the President of America and his young brother who was the Attorney General.
Report to administrator
0 #7 Lysol 2019-08-19 21:08
Mabirizi you're not a lawyer, but a law graduate , Pass your bar first before you called yourself one.
Report to administrator
-1 #8 Remase 2019-08-20 14:07
Lysol, "Mabirizi you're not a lawyer, but a law graduate , Pass your bar first before you called yourself one."

Lysol, be kind enough and stop and/or resist from exposing your ignorance. Mabirizi is a graduate from a law school, therefore he is a lawyer.

The bar course only allows him to represent clients in a court of law. In other words, you could be a lawyer, however you cant represent someone in New York if you don't a "bar" of New York.

That means you need the bar of New York Jurisdiction. Period. Mabirizi can practice his law profession without representing anyone in court.
Report to administrator
0 #9 Lysol 2019-08-21 21:26
Atn ;Remase
One cannot practice medicine unless one has done internship and in many countries residency.

Otherwise one is only a medical graduate (akamedicak student) or a quack. Of course he can call himself a lawyer(JD) to please himself and impress the likes of you, but still useless.

It like driving a car without a driver license. He is just like some kind of a Public Defender.

Remase, I always know whatever I post out here. Maybe you're the ignorant and the stupid here. Do your homework well before attacking me. Bring it on SOB.
Report to administrator

Comments are now closed for this entry

betPawa