In a historic and bold move, the Uganda Law Society (ULS) has expelled the Attorney General (AG), Kiryowa Kiwanuka Nsumikambi Mugambe, and the Solicitor General from its Council, citing a conflict of interest, professional misconduct, and a failure to uphold judicial accountability.
The executive order, issued by newly elected ULS President Isaac Ssemakadde, is framed as a necessary step to restore public trust in Uganda’s legal profession.
The ULS declared that this move is critical to safeguarding the independence of the legal profession and addressing what it describes as the “growing disregard for the rule of law” in the country.
Restoring the Rule of Law
In the preamble to the executive order, the ULS emphasized its commitment to justice, fairness, and accountability, reaffirming that the rule of law is essential to maintaining a just and democratic society.
However, the organization voiced deep concerns over what it perceives as the deteriorating state of Uganda’s justice system, marked by impunity and waning public trust.
Ssemakadde, referencing the 2012 Prof. Ssempebwa ULS report, noted that the positions held by the Attorney General and Solicitor General on the ULS Council are a “colonial hangover” that undermines the society’s independence.
To address these concerns, ULS has joined forces with the newly elected leadership in filing Constitutional Petition No. 16 of 2024 to formally challenge the Attorney General’s role in the Council.
Forensic Investigation Launched into the Attorney General’s Misconduct
The executive order also lays out several allegations against Attorney General Kiryowa Kiwanuka Nsumikambi Mugambe.
ULS accused him of engaging in private legal practice and business with the government, despite a constitutional prohibition on such activities.
The allegations further detail how his involvement has caused financial losses amounting to UGX 28.8 billion, stemming from the compensation of land claimants connected to a national transmission line project.
The ULS Council has launched a forensic investigation into the Attorney General’s conduct. A public inquest (ekyooto) will be held to address numerous accusations, including:
- Abuse of office and conflicts of interest: Specifically, his involvement in a compensation scheme for land encroachers, in violation of Ugandan law.
- Interfering with the judicial process: Providing Cabinet with controversial advice to bypass court rulings via administrative orders.
- Undermining the independence of legal institutions: Meddling in appointments at the Judicial Service Commission and Law Development Centre.
- Imposing unconstitutional restrictions: Requiring fees to access Ugandan laws digitally, limiting public access to justice.
Call for Accountability
The decision to expel the Attorney General from the ULS Council marks a pivotal moment in Uganda’s legal landscape.
The ULS has made clear that while Kiryowa Kiwanuka Mugambe retains his membership within the society, will no longer be recognized as the Head of the Bar or be permitted to represent the Uganda Bar in any official capacity.
Ssemakadde concluded the executive order by reaffirming the ULS’s unwavering commitment to holding individuals accountable and ensuring that no one, not even the Attorney General, is above the law.
This decisive action by the ULS comes as part of its broader mission to defend the rule of law and restore confidence in Uganda’s legal profession, amidst mounting public concern over judicial integrity.
Ssemakadde’s Full Order
EXECUTIVE ORDER RNB NO 10F 2024
EXPULSION OF THE ATTORNEY GENERAL AND SOLICITOR GENERAL AND THEIR REPRESENTATIVES FROM THE UGANDA LAW SOCIETY COUNCIL
PREAMBLE:
WHEREAS, the Uganda Law Society (ULS), as the guardian of the legal profession and a champion of the rule of law, holds sacred the principle. of justice, fairness, and accountability;
WHEREAS, the ULS recognizes that the rule of law is the bedrock of a functioning democracy and a just society, ensuring that no person is above the law and that all individuals are entitled to equal protection and equal access to justice;
WHEREAS, the ULS is deeply concerned by the recent deterioration of the justice system in Uganda, marked by a growing disregard for the rule of law, rampant Impunity, and an erosion of public trust In the integrity of the legal profession;
WHEREAS, the ULS has a duty to act decisively to safeguard the Independence of the legal profession and to restore public confidence In the justice system;
WHEREAS, the ULS has long recognized the inherent conflict of interest and the detrimental impact of the Attorney General and Solicitor General holding ex officio positions on the ULS Council, as highlighted In the Prof Ssernpebwa U. Report (20121, and the recent campaign for the leadership of the ULS;
NOW, THEREFORE, the ULS through its newly elected Council, In the exercise of Its constitutional and statutory mandate and In unwavering commitment to the rule of law, issues this Executive Order as a bold and necessary step to restore public faith in the legal profession and to protect the Independence of the Uganda Law Society.
REASONS:
I. SAFEGUARDING THE INDEPENDENCE OF THE LEGAL PROFESSION
The Attorney General (AG, and Solicitor General’s ex officio positions on the U. Council are a colonial hangover, Incompatible with the Radical New Bar’s autonomy.
The Prof Ssempebwa ULS Report l2012, recommended their removal, and today the ULS Council has joined cause with its new President in challenging this repugnant relic via Constitutional Petition No. 16 of 2024, Isaac Kimaze Ssemakadde v. The Attorney General of Uganda and Kiryowa Kiwanuka Nsumikambl Mugambe. This petition, already filed, shall henceforth be jointly prosecuted.
2. FORENSIC INVESTIGATION OF CR1MINAL AND PROFESSIONAL MISCONDUCT BY THE CURRENT AG Kiryowa Kiwanuka Nsumikambl Mugambe
AG Kiryowa Kiwanuka Nsumikambi Mugambe’s ex officio position on the ULS Council is manifestly untenable.
The resounding feedback from both ULS members and the public during and after the recent ULS campaigns, which resulted in the historic victory of the newly elected leadership, unequivocally condemned the AG’s blatant disregard for Judicial accountability, citing instances of impunity, corruption, and abuse of office.
Recognizing the urgency of this matter, the U. Council has today resolved to initiate a forensic investigation and public Inquest (ekyooto, into allegations of incompetence, criminal activity, and professional misconduct by AG Kiryowa Kiwanuka Nsumikambl Mugambe.
Here are a few cases AG Kiryowa Kiwanuka Nsurnikambi Mugambe must respond to:
a) Alleged breach of Articles 212) and 113141 of the Constitution of the Republic of Uganda by falling 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.
b) Allegations of conflict of interest, abuse of office, and causing the Government of the Republic of Uganda 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. 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.
c) AG Kiryowa Kiwanuka Nsumikambi Mugambe 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 the Government can arbitrarily overturn court awards through cabinet decisions and instead issue ex gait. administrative orders to Judgment creditors, as seen in the protracted cases of the West Nile, Acholl, Lango and Teso war claimants and the cattle corridor ranchers.
d) AG Kiryowa Klwanuka Nsurnikambi 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.
AG Kiryowa Kiwanuka Nsurnikarnfil Mugambe stands squarely accused of imposing an unpopular, unjust, and unconstitutional decision on the Uganda Lan Reform Commission, requiring a fee for accessing Ugandan laws digitally, a previously unthinkable, thus hindering access to justice and the rule of law
e) Ever since he assumed office, AG Kiryowa Kiwanuka Nsurnikambi Mugambe has curiously condoned torture, subversion of bail and the trial of civilians in mita., tribunals contrary to the Government of the Republic of Uganda’s commitrnen. 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.
WHEREFORE, by this Order, AG Kiryowa Kiwanuka Nsurnikambi 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 mernber of the Uganda Law Society (LAS ID No 00161.
Dated at ULS House Kampala, this 14th day of October 2024.
Isaack Ssemakadde
PRESIDENT, UGANDA LAW SOCIETY
