Court quashes pre-bargain deal, orders retrial of Quality Supermarket guard

The High court has ordered the re-trial of Moses Ongoriya, a former private security guard deployed at Quality Supermarket Naalya-Namugongo, who, in July 2019 shot and killed a customer.

At around 10.00 am on July 9, 2019, the country was gripped with shock after Ongoriya of Saracen Security Ltd shot and killed Arnold Ainebyona following what was initially considered a 'minor' misunderstanding. It all started when Ainebyona who was from the gym and was in the company of his brothers; Aaron Agaba, and Andrew Atuhaire Mugisha bought four big bottles of water which they wheeled to the car using a shopping trolley. 

After putting the water in their car boot, the trolley rolled off and collided with another stationary vehicle in the supermarket's parking yard. Ainebyona and his brother Atuhaire went to examine the extent of the damage caused by the trolley knock-on, and in their assessment, found no significant damage, dent or scratch caused on the stationary vehicle. 

Believing that they had not committed any crime, the trio decided to get into their vehicle and drive off but as they set off, a Saracen Security guard, Awazi Babu approached them and ordered them not to leave until they engaged with the owner of the 'damaged' vehicle.

Ainebyona explained to Babu that they had checked the vehicle and found that no damage had been done to it. The situation soon escalated when Babu insisted that they come out of the vehicle with both sides trading tribal barbs which led to a scuffle. It was at this point that Ongoriya joined in before going to the armoury to pick up his gun and shoot Ainebyona.

Ongoriya was arrested and charged with murder but later signed a pre-bargain agreement with Mics Isaiah Wanamama, a staff in the office of the Directorate of Public Prosecutions (DPP) that changed his charge from murder to manslaughter and was subsequently sentenced to six years in prison.

The DPP however filed for judicial review, arguing that Wanamama's decision to replace the charge of murder with manslaughter occasioned an abuse of prosecutorial powers and ought to be struck out. The application for nullifying the agreement was filed through assistant DPP Margret Nakigudde who accused their employee, Wanamama of fraudulently entering a pre-bargain agreement with Ongoriya.

In his ruling principal judge Flavian Zeija agreed that indeed there is overwhelming evidence that would make Ongoriya defend himself against murder; a much more serious crime than manslaughter which carries a lighter sentence. Wanamama and Ongoriya who were both respondents in the case first raised a preliminary objection, arguing that the High court has no powers to review its decision. 

However, the state argued that the DPP was a public body whose decisions could be reviewed and that the state attorney was acting in his official capacity. The DPP also argued that it would be impossible for her to appeal the sentence yet it's on the agreement that her office signed that the accused was convicted and sentenced. The judge agreed with this reasoning.

"It would be a travesty of justice and against public policy in a case involving the unlawful killing of a human being and alleged fraudulent misrepresentation of facts…for the High court to sit and fold its hands and let an accused person illegally and fraudulently enter a plea bargain agreement for a handshake sentence and no action is taken when the prosecution cannot appeal or have the proceedings revised. This would be against public policy, abuse of the court process, and outright failure by the court to administer justice and ensure the safety of people and properties. This is not what the framers of our laws intended," the ruling reads in part.

"The above facts fully support the charge of murder, any reasonable prosecutor properly directing his/her mind to the law and facts would in the facts as stated in the summary of the case prefer the charge of murder and not manslaughter. The facts on the face of it properly bring out all the ingredients of the offence of murder. Of course, the accused can have a defence which can be heard and evaluated at trial," Zeija ruled.

He added that although he agrees that amendments can be made and prosecutors have prosecutorial discretion, the authority to amend and the prosecutorial discretion must be used judiciously. 

"Prosecutorial discretion and amendments must be based on the facts of the case and only intended to foster justice not to curtail it. Since there was no new evidence to amend the existing summary of the case on the court record, I find that it was irrational on the part of the 2nd respondent to amend the charge of murder to manslaughter," the judge held. 

He, therefore, quashed the pre-bargain agreement and ordered the retrial of the case in the High court.  

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Bank of Uganda, ministry of Finance staff, not hackers behind Shs 60bn heist

The investigation into the theft of Shs 60 billion from Bank of Uganda (BOU) has taken a new twist after it was discovered that it was a well-orchestrated inside job by BOU staff in collaboration with the staff of ministry of Finance and the Accountant General's office.

Although the grand theft came to the public fore this week, URN understands that the money disappeared nearly five weeks ago, and President Yoweri Museveni then directed Maj Tom Magambo, director police's Criminal Investigations Directorate (CID) to take the lead in finding out how the money was siphoned out of the coffers.

To date, 17 at least people have been probed including nine from BOU, six from the Finance ministry and two from the Accountant General's office. All the suspects are currently under tight security surveillance and some of their gadgets such as laptops and smartphones have been confiscated.

Furthermore, the president tasked Defence Intelligence and Security (DIS) formerly Chieftaincy of Military Intelligence (CMI) to spearhead the investigations in collaboration with CID and ESO.

Although the army and police which oversee CID have remained cagey about the matter, Henry Musasizi, the state minister for Finance confirmed to parliament the ongoing probe. He added that the amount of money being reported in local and international media is too much.

However, Musasizi did not reveal the exact amount of money BOU lost but promised to tell parliament the final details after the probe. Musasizi's response was triggered by the leader of opposition Joel Ssenyonyi, who demanded the government's explanation about the theft.

BoU has reportedly already written to the UK authorities and some accounts where over $11m (about Shs 40 billion) had been wired have since been frozen.

"As part of the efforts to recover the siphoned money, BOU and CID demanded Interpol-Uganda intervention and an alert note was sent to Japan, UK and Interpol headquarters. There are other three countries where investigations are leading to and they might also be given an alert once investigations confirm that part of the money ended there," sources said.

Interpol-Uganda is headed by Joseph Obwana, deputized by Fred Enanga and Yusuf Ssewanyana, who are grounded in economic crime investigations. Obwana was deputy to now retired AIGP Grace Akullo when she was director CID, Enanga once served as economic crime investigator at CID while Ssewanyana is an IT expert who until three months ago was director police's ICT directorate.

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Minister Lugoloobi fails to block Karamoja iron sheets trial

The state minister for Economic Planning, Amos Lugoloobi has a case to answer in the Karamoja iron sheets scandal, the Anti-Corruption court in Kampala has ruled.

Lady Justice Jane Okuo Kajuga on Wednesday said that there is sufficient evidence from over 11 prosecution witnesses, including a Church reverend, to establish a prima facia case against Lugoloobi. 

"The evidence is sufficient to call for explanation from the accused person and for that reason, I find that the accused has a case to answer he is accordingly put on his defense," said Kajuga.

She ordered the minister to start defending himself over the accusations starting January 15, 2025, adding that it's on this day that the court will explain to him personally his rights. The prosecution alleges that Lugoloobi while at the Office of the Prime Minister (OPM) stores in Namanve, Mukono district and at different places in Matuga, Wakiso district and Ntejeru North Constituency in Kayunga district, dealt with government property, that is - 700 prepainted iron sheets marked 'Office of the Prime Minister.'

According to the prosecution, the iron sheets which were reportedly acquired as a result of loss of property, an offence under section 10 (1) of the Anti-Corruption court were obtained in two phases with one involving 400 iron sheets between July 14, 2022 and February 2023, and another batch of 300 iron sheets obtained between February 1, 2023 and March 16, 2023.

However, Lugoloobi's lawyers led by John Isabirye last month asked the court to set their client free after the prosecution had closed its case with 11 witnesses. His lawyers told the court that the prosecution had not provided substantial evidence to warrant a defence. They argued the prosecution failed to address fundamental issues, particularly regarding whether the iron sheets in issue were meant for the Office of the Prime Minister or the vulnerable people of Karamoja.

The court heard that the majority of the witnesses indicated that in the OPM stores at Namanve, there were other iron sheets designated for other pacify and relief-bound areas. This, the lawyers said, is further collaborated by the prosecutors who say there was a supplementary budget for the Karacuna (reformed Karimojong warriors).

They further indicated that none of the prosecution witnesses placed Lugoloobi at the scene of crime and that the prosecutors miserably failed to make a case that was worthy of putting their client Lugoloobi to his defence. Lugoloobi 's lawyers further stated that when probed on the guidelines followed to acquire iron sheets, the prosecution indicated that there were guidelines. However, it was also Lugoloobi's lawyers' contention that the first prosecution witness who was accounting officer, Geoffrey Sseremba said he didn't have guidelines with him because they were not gazetted.

According to the defence lawyers, the accounting officer who was a key witness, said one wouldn't know about the guidelines if one was not working at the Office of the Prime Minister since they are not gazetted. As such, they said that the prosecutors are accusing Lugoloobi of accessing the store casually. 

They noted that they do not bring out with specificity who committed the offence and whether they have been charged or not yet, for their client to qualify to be accused of receiving stolen property. In their view, one must be convicted to have stolen something and that something to be later found with another person, which they say is not the case with their client Lugoloobi.

As such, they said that the prosecutors need to prove that the received property was stolen and must show that the accused had reason to believe that it was illegally received. Lugoloobi's lawyers argued that the witnesses didn't clarify these contradictions and therefore, their testimonies should be treated as evidence from the bar and the court should go ahead to acquit the minister.

In response, the prosecution, led by assistant director of public prosecutions (DPP) Josephine Namatovu, alleges the minister received stolen iron sheets intended for vulnerable residents of Karamoja. According to the prosecution, the iron sheets were recovered from Lugoloobi's farm in Bale, where his workers were found de-roofing the structure and replacing the stolen sheets with unmarked ones. Namatovu said further investigations revealed 316 iron sheets were used to roof a goathouse, while 84 were donated to New Hope Primary School in Kayunga.

Namatovu said when the police visited the school, they found iron sheets on the two classroom blocks. She said this also came out well on the evidence of the scene of crime officer. She further clarified that the section on which Lugoloobi is charged does not require one to be convicted first.

Namatovu said, it simply requires prosecution to show that the accused person had a reason to believe that the property was acquired as a result of committing an offence. The court hfurther heard that the Office of the Prime Minister is the victim and it is a legal entity which doesn't have corporate capacity because criminal offences can only be committed by people.

Namatovu said that whereas the defence said the accused person was never placed at the scene of the crime, this is not a case that requires the actual presence of an accused person at the scene because it was committed through speculation. 

As such, Namatovu asked Justice Kajuga to be pleased to find Lugoloobi with a case to answer and put him on defence. It is against this background that Kajuga has agreed with the prosecution and ordered Lugoloobi to start defending himself.

After defending himself, the parties will be allowed to make their final submissions either oral or written before the matter can be fixed for final judgement. The case was adjourned to January 15, 2025.

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USAID launches innovation prize to commercialize agricultural research

William Popp, the US ambassador to Uganda, has said that USAID's new innovation prize will commercialize agricultural research in 2025.

This was at the event to celebrate the 62nd anniversary of USAID in Uganda at Kampala Serena hotel. This development comes as the United States continues to build on the longstanding partnerships within Uganda since 1962. Some of these include Makerere University and the National Agricultural Research Organization (Naro) in promoting agricultural research.

"For decades, we have supported cutting-edge agricultural innovations and technologies from crop varieties to disease reduction. However, we have observed a gap in moving great ideas to markets. Ultimately, we want to see research move off the shelf and into the hands of end users like farmers and the private sector, because we believe that promoting an innovative ecosystem that enhances commercialization of agriculture research products will increase economic opportunities and incomes at the household level," Popp stated.

Popp highlighted that the launch of the competition has set prizes for the best ideas that link research to markets, which includes harnessing digital tools that can help improve yields. Among the attendees was Daniele Nyirandutiye, the mission director for USAID/Uganda, and key government officials such as Health minister Jane Ruth Aceng, Local Government minister Raphael Magyezi and Betty Amongi Akena, the minister of Gender.

Looking at the history in regards to the formation of USAID, Nyirandutiye noted that the organization was formed on November 3, 1961, by the then President John F. Kennedy who established the United States Agency for International Development through the 1961 Foreign Assistance Act.

"The newly-established agency consolidated disparate foreign assistance agencies under one umbrella with the objective of driving long-term economic and social development assistance efforts. This was in response to a changing world that included a wave of newly independent countries in Africa.

For the United States, President Kennedy posited that it was our moral, economic, and political obligation as good neighbour but as a nation that had also benefited from the generosity from abroad in building our own economic growth. It was also in recognition of the interdependence of nations. The new agency was tasked to partner with countries to achieve economic growth and democratic and political stability." she noted.

Nyirandutiye noted that USAID has had a hand in the improvement of Uganda's health sector through partnerships with government, local leaders and organisations to address some of the country's most profound health challenges.

"One such organization is the Palliative Care Association of Uganda. USAID was one of its early funders in an effort to expand access to medication for HIV/Aids patients. While our support helped the organization grow, it was the association that did the important work of advocating for incorporating palliative care into HIV/Aids care and treatment. Today, the organization provides services in over 300 health facilities and has secured funding from other donors." she added.

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Police stops issuing private gun licences

The inspector general of police (IGP), Abas Byakagaba, has suspended private firearm licensing in Uganda, a move reportedly aimed at tightening oversight and preventing firearms from falling into the wrong hands.

Sources indicate the decision comes amidst growing concerns about misuse under previous administrations.

"When the IGP assumed office, he suspended private gun licensing, citing concerns that many firearms were being used to commit atrocities," said a source familiar with the matter.

The review process will examine licensing guidelines and procedures to enhance accountability and security.

STRICTER MEASURES AND WITHDRAWALS

The suspension has already led to the withdrawal of firearms from several individuals, including three legislators accused of inappropriate conduct.

"Police aim to reduce the number of firearms in civilian hands," the source noted.

Starting December 1, 2024, firearm license renewals will resume, but many applications are expected to be denied as part of the broader effort to curtail firearm circulation among civilians.

The Uganda Police Force (UPF) faces financial challenges stemming from this policy. The ministry of Finance, Planning and Economic Development (MoFPED) had projected Shs 30 billion in non-tax revenue for the UPF in the last financial year. This target included income from gun licensing, firearm certificate renewals, and other police services.

With over 1,000 pending firearm license applications now stalled, the suspension has significantly reduced this revenue stream.

A HISTORY OF EVOLVING GUN POLICIES

This is not the first time private gun licensing has been suspended in Uganda. Following General Kale Kayihura's tenure as IGP, his successor, Martins Okoth Ochola, temporarily banned civilian firearm licenses in 2018, seizing illegal firearms nationwide. However, Ochola lifted the ban within a year, allowing individuals to acquire firearms under strict criteria.

As of September 2022, the number of civilian-owned firearms in Uganda had risen from approximately 3,000 in 2016 to over 5,000. Byakagaba's recent suspension could signal a return to stricter policies aimed at reversing this trend.

REQUIREMENTS FOR ACQUIRING A FIREARM

Under Uganda's Firearms Act of 1970, individuals can obtain a firearm certificate to purchase, possess and use firearms, provided they meet specific conditions. Applicants must be at least 25 years old, have a sound mind and demonstrate temperate habits.

Additionally, they must justify a legitimate need to own a firearm, prove competence in handling the weapon, and ensure safe custody with adequate security measures approved by the local police.

The application process begins with purchasing Police Form 98 for Shs 50,000, available at the revenue police office. After completing the form, applicants submit it to the inspector general of police through the commissioner of police in charge of private security and firearms. Licenses must be periodically renewed, with renewal applications costing Shs 100,000.

GUN VIOLENCE

Despite regulatory frameworks, illegal firearms possession and gun violence remain significant concerns in Uganda. Recent high-profile cases of the latter illustrate the challenges.

In November 2023, Molly Katanga was charged with the murder of her husband, Henry Katanga, who was shot in their Mbuya home. She faces charges alongside her two daughters and others involved in the incident.

Another alarming case involved Ambassador Dickson Ogwang Okul, a foreign service officer, who reportedly drew a pistol during a leadership dispute in Lira earlier this month. The act provoked outrage among local clan leaders.

Illegal firearms trafficking has also been highlighted. In September 2023, Rasul Akasa, known as Ndale, was sentenced to nine years and eight months by the Fourth Infantry Division Court Martial for illegal possession of a sub-machine gun (SMG) and an AK-47 rifle. Akasa had acquired the firearms through dubious deals linked to the Democratic Republic of the Congo (DRC).

Similarly, Kisoro Grade One Magistrate Bob Simplex Asiimwe sentenced Sadiki Gashendure and Silvani Uwirangiye to six years in prison for illegally possessing a firearm after crossing into Uganda from the DRC.

POLICE EFFORTS TO CURB ILLEGAL FIREARMS

The Uganda Police Force has intensified efforts to combat illegal firearm possession. In 2022, 378 illicit firearms were destroyed, recovered from regions such as Karamoja, Northern Uganda, and Kampala Metropolitan. These weapons, often tied to violent crimes such as murder and robbery, underscore the persistent challenge of ensuring public safety.

Uganda's firearm regulatory system aims to balance responsible ownership with stringent measures to deter misuse. However, the prevalence of illegal arms and gun-related violence remains a pressing issue, requiring sustained efforts in enforcement and public education to foster peace and security.

POLICE CLARIFIES FIREARM LICENSING SUSPENSION

The suspension of private firearm licensing in Uganda is not an outright halt but a move to introduce stricter measures to ensure responsible gun ownership, according to police spokesperson Kituuma Rusoke. Speaking in an interview, Rusoke emphasized that the adjustments aim to enhance the integrity of the licensing process.

"The process has not been stopped; we are implementing stricter measures to ensure that only eligible individuals are granted licenses," Rusoke said.

He highlighted that firearm holders are bound by a specific disciplinary framework.

"Licenses can be withdrawn if individuals fail to meet the necessary disciplinary requirements. This is to ensure the safety and security of the public," he added.

OVERHAUL OF LICENSING PROCEDURES

Rusoke noted that Uganda's firearm licensing procedures have evolved. "Initially, obtaining a license required minimal scrutiny. However, we have realized the need for a more thorough evaluation process. The public must understand that firearm acquisition and licensing are governed by a robust regulatory framework," he explained.

The licensing process now involves multiple layers of scrutiny to prevent misuse.

"Applicants must complete Form 98, which is then reviewed by various security entities, including the district security committee, the Internal Security Organization, and the Private Security Firearms Unit. The final approvals come from the inspector general of police and the Minister of Internal Affairs," Rusoke outlined.

CONTINUOUS ADAPTATION TO CURRENT NEEDS

Rusoke further stated that Uganda's firearm policies are continuously updated to address emerging security challenges.

"There are ongoing efforts to amend laws and policies to align with current trends and societal needs. This ensures that the licensing process remains relevant and effective," he said.

Additionally, firearm applicants must undergo rigorous training facilitated by the directorate of Human Resource Development before receiving their licenses.

"The training ensures that individuals are well-prepared and aware of their responsibilities as firearm holders," Rusoke noted.

The police's stance underscores a commitment to tightening oversight of firearm ownership in Uganda, reflecting broader efforts to enhance public safety amid growing concerns over gun-related incidents.

BALANCING SECURITY AND CIVIL RIGHTS

The suspension highlights the challenges of balancing national security with civilian rights to firearm ownership. While the initiative seeks to curb the misuse of firearms, critics may question its impact on law-abiding citizens and the revenue shortfall for the Uganda Police Force.

As the review process unfolds, the outcomes will likely shape the future of firearm ownership in Uganda, setting a precedent for tighter regulation in the region.

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Ex-Kyengera mayor ordered to pay Shs 150m to 2020 lockdown torture victims

The High court in Kampala has ordered Kyengera town council and its former mayor, Hajji Abdul Kiyimba to compensate the 20 people who were tortured after their arrest during the 2020 Covid-19 lockdown.

Civil Division judge Dr Douglas Singiza, ordered that each of the tortured victims be awarded Shs 5 million as general damages and Shs 2.5 million as exemplary damages - payable equally by Kiyimba and Kyengera town council.

"Considering the circumstances under which 1st to 20th applicants were arrested and the debasing language that was used at a time when every segment of society was vulnerable due to the Covid-19 pandemic, I consider that the award of UGX 2,500,000 as exemplary damages to each of the 1st– 20th applicants, payable equally by Hajji Kiyimba and Kyengera town council, to be sufficient," said Singiza.

Records before the court indicate that during the Covid-19 pandemic and the lockdown measures taken by President Museveni in March 2020, several stringent measures were adopted that limited several rights of the public. The suspension of public and private transport, closure of schools and bars, banning of social events, closure of places of worship, and the imposition of a curfew were among the interventions to protect the population from the pandemic.

As part of the enforcement of the Covid-19 restrictions, the victims while living in a community residence in Nkokonjeru 'A' village in Kyengera town council, Wakiso district, were arrested on March 29, 2020 by police and other state authorities and allegedly tortured. Following their arrest, they sued Kiyimba, principal officer Philemon Woniala, Kyengera town council and the Attorney General in their case before the High court.

They told the court that on the morning of the said date, their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were allegedly practising homosexuality.

Through their lawyers including Adrian Juuko, executive director of Human Rights Awareness and Promotion Forum (HRAPF), they said that the actions of torture included beating, hitting, burning using a hot piece of firewood, undressing, tying, binding, conducting anal examinations, and inflicting other forms of physical, mental and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.

As a result, based on the same suspicion, the victims were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease.

They were charged before the Mpigi Chief Magistrate's court and remanded to Kitalya Mini-Max Prison, where they were again allegedly beaten, examined, harassed, and subjected to discrimination. They further accused Kiyimba of inviting journalists and members of the public to enter the premises to witness, observe, photograph, and videograph the 23 arrested youths on the grounds that they were homosexuals, during which time Kiyimba hurled insults at the arrested persons. 

The victims further said that they were hit with a big stick, after which they were ordered to march in single file to Nkokonjeru police post. Court further heard that while at Kitalya prison, the prisons officer separately ordered Ashraff Walugembe to strip naked in the presence of other prisoners and burnt him between the thighs with a piece of burning wood. Furthermore, a one Akankwasa, one of the prison warders, ordered a prisoner to conduct an anal examination on Rodney Sheema.

HRAPF filed a complaint with the Attorney General, requesting that the alleged violations be investigated, but received no response, prompting the applicant to approach the High court. In his decision, Singiza ruled that the applicants were subjected to several acts of torture, inhuman and degrading treatment, and violation of their privacy by the respondents. The judge said that there was no evidence however that they were tortured because of being homosexuals. 

"However, it has not been proved that the way in which they were treated differed from how other persons who breached the Covid-19 restrictions, or indeed any other criminal suspects, are ordinarily treated," said Singiza.

The judge stated that oftentimes, acts of discrimination take place behind closed doors and that all that is left for evidence are the complainants' verbal accounts and recollections vis-à-vis the respondents' denials. But adds that it would be a dangerous precedent to treat every unsupported claim of discrimination as a violation of their rights.

He analysed the Human Rights Enforcement Act and found that individuals who violate the rights of others should be held personally liable as opposed to leaving it to the government to pay using taxpayer's money, and thus ordered Kiyimba to also meet the consequences of his actions.

"In the light of the framework under the HREA, this court takes the view that liability for human rights violations ought to be shouldered proportionally by the individual perpetrators and their principals, usually government agencies, so that the pain and cost of violations is distributed and felt across the board as opposed to leaving it to the taxpayer," held Singiza.

The beneficiaries of the judgement are: Henry Mukiibi, Ashraf Walugembe, Saddam Katerrega, Ivan Kawooya, Joel Edward Oketch, Raj Juuko, Dennis Ssamula, Jackson Ssendagire Mayanja, Rodney Sheema, Tevin Harris Kifuba, Mark Muhereza, Jabel Tushabomwe, Abbey Gwaivu, Andrew Kibalama,  Ronald Ssenyonga, Yahaya Muyomba,  Douglas Tumuhimbise,  James Tindyebwa, Kelvin Kugonza, Karim Yiga.

In 2020, another High court judge Michael Elubu awarded the same group Shs 95 million after they sued the government for having denied them a right to be accessed by their lawyers after being arrested during the lockdown.

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Shs 500m of counterfeit cash found in PostBank vault in Mbale

Government-owned PostBank Uganda has acknowledged a serious "incident" at its Mbale branch involving over Shs 500 million in counterfeit currency discovered in the bank's vault.

The situation came to light after a customer was apprehended with fake Shs 50,000 notes. Upon questioning, the customer revealed that the money had been withdrawn directly from the PostBank Mbale branch.

In a brief statement, PostBank referred to the issue as an "anomaly" and confirmed that investigations are underway.

"We are aware of an anomaly that recently occurred at our Mbale branch and are working with the relevant authorities to complete the investigation and follow the necessary next steps," the statement read.

The bank refrained from providing further details, citing the ongoing investigations.

Reports indicate that the counterfeit scandal has led to arrests, including some PostBank officials. The incident has raised concerns about internal controls within the institution, especially since the bank primarily serves public servants who receive their salaries through its branches across the country.

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Justice Esther Kisaakye flees into exile, cites threats to her life

Supreme court judge Dr Esther Kitimbo Kisaakye has fled to exile, fearing for her life due to ongoing threats, according to documents obtained by URN.

The documents, including a series of emails, written by Washington-based law firm Covington & Burling LLP outline the situation in which Kisaakye is living.

"Justice Kisaakye continued to live in fear for her life based on reports of threats she continued to receive," reads one of the documents. 

It adds Kisakye fled the country out of fear for her life and now lives in exile. The acquired materials added that in July 2023, Kisaakye received a report of an imminent threat to her life from her lawyer, which they had received from a person who identified himself as a member of one of the security agencies in Uganda. 

The materials received, addressed to several organizations including the Centre for Human Rights, International Bar Association Human Rights Institute, International Commission of Jurists, Lawyers for Lawyers, and the Special Rapporteur on the Independence of Judges and Lawyers, reveal ongoing efforts to raise awareness about Kisaakye's situation. 

The law firm is mobilizing support and coordinating initiatives to bring attention to her plight as a judge in exile who is facing retaliation for fulfilling her judicial responsibilities, with her safety still at risk. Kisaakye's challenges date back to 2021 when she disagreed with eight justices over decisions related to the presidential election petition filed by former candidate Robert Kyagulanyi Ssentamu, also known as Bobi Wine challenging the election of President Yoweri Museveni for the sixth term.

Kyagulanyi had sought the court's permission to amend and also introduce new evidence to support his election petition. However, the eight justices, led by Chief Justice Alfonse Owiny-Dollo, dismissed the application, citing the strict timelines for determining presidential election petitions, which, they argued, could not be amended.

Kisaakye accused the chief justice of attempting to suppress her constitutional right to deliver a minority judgment in which she disagreed with the rest of the panel. She claimed her judgment was confiscated. Despite this, using a duplicate copy, Kisaakye delivered her minority judgment.

With the lights and speakers switched off, she sat alone on the bench, as the eight other justices and the respondents' lawyers had left the room. According to materials from Covington & Burling LLP, these events were followed by two and a half years of persecution, discrimination, and retaliation against Kisaakye by the chief justice and other Supreme court staff.

The retaliation took different forms which included; removing her as an administrative judge, denying her any new work, removal of her research officer, denying of leave and medical benefits, and falsely accusing her of failure to write judgments in appeals when she was not a member of the coram or the designated judge to originate the lead judgments.

In April 2021, the Uganda Judicial Service Commission initiated an inquiry into Kisaakye's conduct. Two months later, the permanent secretary of the judiciary suspended her salary and benefits for two and a half months, citing ongoing covert investigations by the Commission. 

By October 2022, after failing to resolve her issues through internal processes within the Ugandan judiciary and other relevant institutions, Kisaakye filed a petition in the Constitutional court. In her petition, she sought several declarations stating that the actions and omissions of five respondents—namely the chief justice of Uganda, the permanent secretary of the judiciary, the Judicial Service Commission, the attorney general, and the chief registrar and commissioner of Human Resources, violated her rights under Uganda's Constitution and undermined judicial independence. 

Despite her petition, the Judicial Service Commission continued its work, and in February 2023, it issued a report recommending that the President of Uganda establish a tribunal to investigate whether Kisaakye should be removed from office for alleged misconduct that occurred on March 18 and 19, 2021.

As a lawyer, Kisaakye took action by filing another petition to quash the commission's report and to postpone the appointment of the tribunal until her initial petition was resolved. however, her case has never been granted any hearing dates.

In the set of documents received by URN, it is indicated that; "Unofficially, Justice Kisaakye received information that the deputy chief justice, who will be retiring at the end of the year, is not willing to cause list her Petitions and applications, and that many judges at the Constitutional court were also not ready to hear her Petitions and applications either, because of the political sensitivities involved." 

With more than seven years left on her term serving on the Supreme court bench, Kisaakye sought to bring an early end to her career by informing the appointing authority, the President, of her decision in a letter dated July 18.

In her letter, she challenged the constitutionality of various administrative actions taken against her, including being investigated on allegations without the disclosure of specific offences, the freezing of her salary, and her removal as head of administration of the Supreme court. Kisaakye's resignation came five months after the Judicial Service Commission recommended her removal from office due to alleged misconduct and a verbal confrontation with Chief Justice Owiny-Dollo regarding the 2021 presidential election petition. 

In response to her resignation and the letter from the Judicial Service Commission, President Museveni chose to reject her resignation. He stated that while he could not obstruct her wishes, her decision to resign would "preempt the work of the Judicial Commission of Inquiry or the tribunal."  

Kisaakye has also since filed another petition in the Supreme court challenging the legality of the president's decision to stop her from taking early retirement. She noted that despite the refusal to accept her retirement, she has not been given any work in the judiciary since.

"Whereas my early retirement was unconstitutionally denied by the President, I have also been denied any judicial work at the Supreme court and as a result, I have been kept in a state of being neither a serving justice nor as a retired justice of the Supreme court," Kisaakye's affidavit in support of her application reads in part.

When contacted, Covington & Burling LLP, confirmed assisting Kisaakye with her advocacy efforts in promoting the rule of law, good governance, and judicial independence in Uganda and beyond. 

"In 2022 and 2023, Justice Kisaakye filed two constitutional petitions with the Constitutional Court of Uganda seeking to protect judicial independence and halt the Judicial Service Commission's unconstitutional inquiry.  Thus far, the Constitutional court has failed to follow its duties to hear constitutional cases expeditiously and in the order in which they have been received, as other cases filed after Justice Kisaakye's have been adjudicated.  We are aware that Justice Kisaakye has now filed a third constitutional petition seeking the Ugandan Government's recognition of her retirement from the Supreme Court and the full payment of her retirement benefits," an email signed by Amanda Reisinger from the law firm reads in part. 

The spokesperson of the Judiciary Ereemye Mawanda didn't respond to our messages and phone calls to his known telephone.  

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Kampala deputy mayor’s brother shot dead in Ntinda robbery

Albert Cook Tugume, a brother of Kampala deputy mayor Doreen Nyanjura, was shot dead in a robbery on Ntinda-Kigowa Road, Kampala, on Thursday evening.

Police have described the incident as an act of aggravated robbery. Tugume, who operated a mobile money kiosk in the area, was reportedly held at gunpoint by the assailants before being fatally shot. Another individual was injured during the attack, though their identity and condition remain undisclosed.

Nyanjura shared the tragic news on X (formerly Twitter), stating:

"My brother Tugume Albert Cook has been abducted at gunpoint from Central Road, Ntinda-Kigowa Road. One person has been shot dead. He operates a mobile money shop."

Kampala Metropolitan deputy police spokesperson briefly acknowledged the incident in a statement on X, confirming that officers from Kira Road police station had responded to the scene.

Further details about the robbery, including the suspects and the motive, remain unclear as police investigations continue.

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Ugandan soldiers killed in al-Shabab mortar attack in Somalia

Two African Union soldiers were killed and a third one injured by an al-Shabab mortar attack Sunday on their base inside the perimeters of Mogadishu's international airport.

A statement by the head of the African Union Transition Mission in Somalia (ATMIS) and Special Representative of the Chairperson of the African Union Commission Mohamed El-Amine Souef condemned the attack on the facility known as the Halane Base Camp. It's believed that a 107mm rocket was used for the attack. At least four mortar rounds were reportedly fired during the attack.

"The heinous attack will not deter us and the Somali security forces from pursuing lasting peace and in Somalia," Souef said in the statement posted on X, formerly Twitter. "We reaffirm our unwavering commitment to combat terrorism and build a peaceful and prosperous Somalia."

The statement did not specify the nationality of the soldiers killed, but an AU official told VOA's Horn of Africa that the soldiers who were killed and the one soldier injured are Ugandans.

"ATMIS extends its deepest sympathies and condolences to the families, friends, and relatives of those who lost their lives and wishes a quick recovery to those injured during the attack," Souef said.

The AU senior leadership team later visited the site of the blasts. The al-Shabab militant group claimed responsibility for the attack. In a statement posted on one of its websites, the group claimed the mortars killed "white and black officers."

Despite being driven out of Mogadishu in 2011, the group, from time to time, manages to carry out mortar attacks that hit Mogadishu's airport, which is a base for the AU as well as some foreign embassies.

Al-Shabab mortars have also targeted residential areas in Mogadishu and have claimed the lives of civilians.

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