Uganda Law Society president, Isaac Ssemakadde has in an unprecedented act, expelled the Attorney General Kiryowa Kiwanuka and the Solicitor General from the law society council.
Section 9 of the Advocates Act says for the proper management of the affairs of the society, there shall be a council consisting of a president, a vice president, the Attorney General, the Solicitor General (either of whom may be elected president), a secretary, a treasurer, and four other members, all of whom, other than the Attorney General and the Solicitor General, shall be elected annually by the society in general meeting.
However, in an executive order issued on October, 14, Ssemakadde said in a bid to change things, they had decided to expel the Attorney General and Solicitor General.
“The Attorney General (AG) and Solicitor General’s ex officio positions on the ULS Council are a colonial hangover, incompatible with the radical new bar’s autonomy,” Ssemakadde said.
Targeting Kiryowa Kiwanuka
Ssemakadde explained in the executive order that the Attorney General was specifically targeted with the expulsion over his alleged misconduct.
He explained that Attorney General Kiryowa Kiwanuka is accused of imposing an unpopular, unjust, and unconstitutional decision on the Uganda Law Reform Commission, requiring a fee for accessing Ugandan laws digitally, “a practice previously unthinkable”, thus hindering access to justice and the rule of law.
“Ever since he assumed office, AG Kiryowa Kiwanuka Nsumikambi Mugambe has curiously condoned torture, subversion of bail and the trial of civilians in military tribunals 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 said.
He accused Kiwanuka of failure to resign from private legal practice or cease from doing business with government through his known law firm and a syndicate of select advocates in private practice and conflict of interest , abuse of office, and causing government a financial loss of Shs 28.8 billion in connection with the compensation of alleged claimants of land acquired for the Namanve-Luzira 132kV transmission line and associated substations.
“AG Kiryowa Kiwanuka faces multifarious allegations of misadvising Cabinet and leaders of ministries, departments, and agencies on the rights of advocates and other court users, 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 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.”
“AG Kiryowa Kiwanuka Nsumikambi Mugambe has wrongfully interfered in the appointment processes of the Judicial Service Commission and Law Development Centre, undermining the independence of these institutions and eroding public trust.”
Ssemakadde said in the face of these reasons, it was only prudent that the Attorney General is expelled from the Uganda Law Society Council.
“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. He however remains a member of the Uganda Law Society ,” Ssemakadde said.
