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Rakai, Uganda | THE INDEPENDENT | The Judicial Service Commission has dismissed Rakai Court Grade One Magistrate, Latif Abubaker Nakibinge from service.
Latif Abubaker Nakibinge allegedly withdrew money from the Court Operation Fund Account but failed to hand it over to the owner.
Uganda Radio Network has information that Nakibinge was dismissed on May 17th, 2023 by the Commission with immediate effect following a meeting held on May 12th, 2023.
Sources close to the Judiciary’s disciplinary body told URN on condition of anonymity that Nakibinge’s trouble stems from a complaint in which he was accused of withdrawing about seven million shillings being the defendant’s costs. The money should have been handed to Kamugunda of Matovu and Kamugunda and Company Advocates.
URN could not get the names and contacts of the persons represented by Kamugunda of Matovu and Kamugunda and Company Advocates. But the money was reportedly withdrawn from Centenary Bank as part of the Rakai Court Operation Fund Account in a civil suit number One of 2017.
Sources indicate that Nakibinge was charged with one count of abuse of judicial authority in contravention with the Regulations of the Judicial Service Commission.
Nakibinge was charged and made to appear before the Disciplinary Committee of the Commission where charges were read to him. He allegedly pleaded guilty and asked for leniency. It was on that basis that the Commission held him to have committed the said disciplinary offense as charged.
“On account of the foregoing, the Commission resolved that there were no grounds for the exercise of leniency as prayed and resolved that you be dismissed from the judiciary service, with immediate effect in terms of regulation 31(1)(a) of the Judicial Service Commission, SI 87/2005,” the Commission resolved .
The source added that the information regarding his dismissal was communicated to Latif Abubaker Nakibinge by Julius Mwebembezi the Permanent Secretary/Secretary of the Judicial Service Commission.
Meanwhile, the Commission in its meeting held on May 12th, 2023 also decided to severely reprimand the Kamwenge Chief Magistrate, Moses Kule Lubangula.Lubangula is faulted for having presided ex-parte over a matter that was outside the scope of the Magistrate Grade One jurisdiction.
The matter in this case involved one Mutesasira John Versus Mukasa Galiwango but the subject matter was beyond the pecuniary jurisdiction of a Grade One Magistrate.
“Secondly you proceeded to hear the said application exparte contrary to the Chief Justice ‘s Directive of 2016 that expressly forbade granting exparte orders without notifying the opposite party in the matter and with no affidavit of service having been filed on record”, the source indicates.
59-year-old Lubangula was equally charged with abuse of judicial authority and acting in contravention of the Uganda Code of Judicial Conduct contrary to regulation 23(j) of the Judicial Service Commission regulations.
But on the basis of the evidence that was brought before the commission in the hearing concluded by the Disciplinary Committee, he was adjudged to have committed the said disciplinary offenses as charged.
“The commission considered the grounds that you pleaded for in mitigation to the effect that you are aged 59 years and that you have served for 29 years in the Judiciary and resolved that you be severely reprimanded…”.
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URN
