ULS: Uganda’s AG no longer recognized as ‘Head of the Bar’

Kampala, Uganda | THE INDEPENDENT & URN | In an unprecedented move, the Uganda Law Society (ULS) has said it has issued EXECUTIVE ORDER RNB 1 of 2024 expelling the Attorney General and Solicitor General and their representatives from their society council. The statement signed by newly elected ULS President Isaac Ssemakadde is dated October 14th.

The statement said ULS has expelled the Attorney General, Kiryowa Kiwanuka, and the Solicitor General, along with their representatives from the ULS Council, citing a range of serious allegations. The ULS Council is composed of ten members, including the ULS President, Vice President, regional representatives, Treasurer, Secretary, and ex officio members such as the Attorney General and Solicitor General.

The statement emphasized that the action was taken in the “exercise of its constitutional and statutory mandate and an unwavering commitment to the rule of law.”

The ULS statement further described the expulsion as “a bold and necessary step to restore public faith in the legal profession and to protect the independence of the Uganda Law Society.”

It also highlighted the society’s duty to “act decisively to safeguard the influence 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 Ssempebwa ULS Report (2012), and the recent campaign for the leadership of the ULS,” reads the statement.

The statement also pointed out that the expulsion aims to safeguard the independence of the legal profession and facilitate a forensic investigation into alleged criminal and professional misconduct by Attorney General Kiryowa Kiwanuka.

The accusations include a breach of constitutional provisions by failing to step down from private legal practice or cease doing business with the government through his law firm, K&K Advocates, along with a select syndicate of private practitioners. Kiwanuka is also accused of causing the government a financial loss of 28.8 billion shillings in connection with the compensation of alleged claimants of land acquired for the Namanve Luzira 132KV transmission line and associated substations.

According to members of the Bar, these allegations stem from a disregard for the law, court decisions, and a cabinet directive prohibiting compensation to encroachers on swamps, wetlands, and lakes.

“Attorney General 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,” reads the statement.

The ULS has resolved to initiate a forensic investigation and public inquiry (ekyooto) into the allegations of incompetence, criminal activity, and professional misconduct by AG Kiryowa Kiwanuka. The Bar accuses Kiwanuka 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,” according to the statement.

EXECUTIVE ORDER: Our #RadicaNewBar led by President @IsaacSsemakadde has expelled the Attorney General, the Solicitor General and their representatives from our governing council.

By this order, the AG @KiryowaKk is no longer the recognized as the Head of the Bar and has no… pic.twitter.com/LsiaD5vVkw

— Uganda Law Society (@ug_lawsociety) October 14, 2024

Furthermore, the ULS accuses Kiwanuka of condoning torture, subversion of bail, and the trial of civilians in military tribunals contrary to Uganda’s international human rights commitments. “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,” the statement added.

For now, ULS has declared that Kiwanuka will no longer be recognized as the head of the Bar, asserting that he lacks the authority or competence to act on behalf of the Uganda Bar. However, he remains a member of the ULS under his Identity Card number sixteen.

Ssemakadde, who was sworn in as ULS President barely two weeks ago under his campaign slogan “Radical New Bar, Back on Track,” has had a history of legal disputes with Kiwanuka. His campaign promises included removing Kiwanuka from the Council, which garnered significant support from ULS members, leading to his overwhelming victory.

The Bar members, in what was seen as a protest vote, expressed frustration at being “professionally and legally undermined by the Judiciary, AG, and the state,” and sought “radical methods” to address these issues. The expulsion of the Attorney General and Solicitor General comes at a time when there is a pending High Court case filed by Ssemakadde. The case challenges Attorney General Kiryowa Kiwanuka’s dual role, citing a conflict of interest.

Ssemakadde, who filed the case just before the ULS elections, argues that Kiwanuka’s concurrent positions as Attorney General and advocate for K&K Advocates violate Article 113(4) of the Constitution. He is seeking a court order to bar Kiwanuka and any advocate from holding the office of Attorney General in violation of this constitutional provision.

In addition, the petition demands that Kiwanuka return all earnings and benefits acquired while serving as Attorney General to the National Treasury. Ssemakadde has also called for a report detailing all business transactions conducted by K&K Advocates during Kiwanuka’s tenure to be submitted to the court and the Inspectorate of Government within six months.

Kiryowa Kiwanuka has been serving as Attorney General since June 2021, with his law firm, K&K Advocates, involved in several high-profile cases, including representing President Museveni and the Electoral Commission, among others. Efforts to obtain a comment from the Attorney General were unsuccessful, as calls to his phone went unanswered and he had not responded to WhatsApp messages by the time of publishing.

However, Simon Peter Jamba, Communications Officer in the Ministry of Justice and Constitutional Affairs, confirmed that the Attorney General is currently out of the country and unavailable for comment.