The Judicial Service Commission (JSC) has dismissed Masaka Deputy Registrar Cissy Mudhasi Kawuma and Chief Magistrate Ruth Nabaasa over allegations of misconduct and abuse of judicial authority.
Reasons for Dismissal
According to a statement from the JSC, Kawuma was dismissed for misusing her judicial powers by ordering the attachment of bank accounts belonging to Makerere University, the Uganda Nurses and Midwives Council, and a private individual without following due legal procedures. Additionally, she defied directives from the Chief Justice by allowing execution proceedings to continue during the COVID-19 lockdown.
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Meanwhile, Chief Magistrate Ruth Nabaasa was dismissed for overstepping her jurisdiction in a case where she ignored High Court orders requiring the valuation of properties to determine whether the matter fell under her authority.
Interdiction and Allegations Against Kawuma
On June 24, 2020, then-acting Chief Registrar Tom Chemutai interdicted Kawuma on charges of producing substandard work and conducting herself in a manner detrimental to the integrity and reputation of the judiciary, in violation of the Judicial Service Regulations of 2005.
Court records indicate that Kawuma allegedly conspired with lawyers Akleo Mugisha and Martha Orishaba, as well as RAM Engineering Company director Julius Mugambagye, to defraud Makerere University of UGX 3.5 billion. During her tenure as Masaka High Court Deputy Registrar in May and June 2020, she reportedly issued ex parte court orders allowing the attachment of funds from Makerere University’s Stanbic Bank account to satisfy a non-existent arbitral award in favor of RAM Engineering Uganda Limited. The transaction took place without verifying whether the university owed the company any money.
Legal Battle and Temporary Injunction
In 2021, Kawuma secured a temporary injunction preventing the Uganda Police Force and the State House Anti-Corruption Unit from investigating her involvement in the alleged fraud. The injunction was granted by Justice Musa Ssekaana, head of the Civil Division, who argued that the investigations posed a threat to Kawuma’s constitutional rights.
“The actions of the respondent agents are a threat to the applicant’s constitutional rights. This court, as a custodian of the Constitution, ought to issue orders that would ensure that the Constitution is not violated since the alleged violation will not be atoned for in damages or be adequately compensated with any amount of money or earthly possessions,” stated Justice Ssekaana.
With Kawuma’s dismissal, investigations into the case are expected to proceed without legal obstruction.
Other Judicial Officers Penalized
The JSC also dismissed Rakai Grade One Magistrate Latif Abubaker Nakibinge on May 17, 2023, for misappropriating UGX 7 million. Nakibinge allegedly withdrew the money from a court operation fund account and failed to hand it over to its rightful owner, Kamugunda of Matovu and Kamugunda & Company Advocates.
Additionally, in a meeting held on May 12, 2023, the commission issued a severe reprimand to Kamwenge Chief Magistrate Moses Kule Lubangula for presiding over a case outside the jurisdiction of a Grade One Magistrate. The case, involving Mutesasira John vs. Mukasa Galiwango, exceeded the pecuniary limits set for his judicial level.
Lubangula was also faulted for granting an ex parte order without notifying the opposing party, in violation of a 2016 directive from the Chief Justice that expressly forbade such rulings unless an affidavit of service was filed on record.
Judiciary’s Commitment to Accountability
The JSC’s recent disciplinary actions underscore its commitment to upholding judicial integrity and ensuring that officers adhere to the rule of law. The dismissals and reprimands serve as a warning to judicial officers who may engage in misconduct, reinforcing the need for transparency and ethical conduct in Uganda’s judicial system.
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