BAKAMPA
BRIAN BARYAGUMA
MOBILE: +256753124713 / +256772748300;
EMAIL: bakampasenior@gmail.com;
WEB ADDRESS: www.huntedthinker.blogspot.com;
Kampala, Uganda.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
To:
The Secretary,
Judicial Service Commission,
P.O. Box 7679 Kampala.
Dear
Sir/Madam,
Re: Complaint Against Her Worship
Esther Nakadama Mubiru and Court Clerk Jolly Kauma for Abuse of Legal/Court
Process.
The
complaint of Bakampa Brian Baryaguma, of +256753124713 or +256772748300 or bakampasenior@gmail.com, dated this 4th
day of December, 2023, states as follows:
I duly filed my complaint with the Judicial Service Commission, as evidenced by their stamp in acknowledgment of receipt of the same. I also served a hard copy of the complaint on the Head of Civil Division, High Court of Uganda and filed a soft copy on ECCMIS, the online portal where all filings related to a case must be filed.
1.
I am a male, adult, lawyer, resident of Lubaga Divn,
in Kampala District.
2.
I have a case, Miscellaneous
Application No. HCT-00-CV-MA-0076-2023, Bakampa Brian Baryaguma v. Law
Development Centre (hereinafter “MA No. 76”), in the Civil Division of the High
Court at Kampala, before Hon. Justice Wamala Boniface.
3.
Her Worship Esther Nakadama Mubiru is an Assistant Registrar in
that court, while Ms. Jolly Kauma is a Court Clerk in the same court, attached
to the chambers of Hon. Justice Wamala Boniface.
4.
The two judicial officers complained against abused legal/court
process in my case (MA No. 76) by
forging a court order, purporting it to be issued by the learned trial judge,
Hon. Justice Wamala Boniface; thereby engaging in corruption and abuse of
office, neglecting their duties and occasioning mal-administration of justice.
5.
The said court order is contained in a letter of Her Worship
Esther Nakadama Mubiru (hereinafter “H.W. Nakadama’s letter”), addressed to me,
stating that my application to proceed ex parte and file written submissions in
the case cannot be granted as it was denied by the learned trial judge, Justice
Wamala Boniface. (A copy of H.W.
Nakadama’s letter is hereon attached and marked as “A”)
Here is H.W. Nakadama's letter.
6. H.W. Nakadama’s letter was in reply to my earlier letter addressed to the Deputy Registrar of the High Court, Civil Division requesting him or her to cause to be given to me a copy of Hon. Justice Wamala Boniface’s alleged order in MA No. 76, the existence of which I doubted at the time. (A copy of that letter is available online here: https://huntedthinker.blogspot.com/2023/12/request-to-cause-to-be-given-to-me-copy.html) That letter has a background of my case (MA No. 76) and so I need not repeat the background here. I hereby incorporate it in this complaint by reference.
7.
A hearing of MA No. 76
was conducted by Justice
Wamala Boniface, on Monday, 20th November, 2023, at 10:18 AM, in his
chambers, during which he denied existence of the
order refusing my application to proceed ex parte and file written submissions:
“There was no order as such,” he said.
8.
It is by and from this statement of Hon. Justice Wamala that I say that Her Worship Esther Nakadama Mubiru and
Court Clerk Jolly Kauma abused legal/court process in MA No. 76 by forging a court order, purporting it to be issued by
the learned trial judge, Hon. Justice Wamala Boniface, thereby engaging in
corruption and abuse of office, neglecting their duties and occasioning
mal-administration of justice.
9.
I am very grateful to Hon. Justice Wamala Boniface for repudiating,
disassociating and distancing himself from the forged court order. Thank you
very much, my Lord. This is a high degree of personal and judicial integrity.
10.
As a court clerk, Ms. Jolly Kauma is responsible for properly managing
(instead of frustrating), court files presented to her until their logical
conclusion. Proper management does not include indulging in forgery and deceit,
which she so frequently did to me during my numerous follow-ups of my case. Her
usual lie was that,
“The Judge has not yet responded to your application;” and on a few other
occasions that, “The judge is not around.” When it became necessary for her to liaise
with the registrar concerning the case, she (Court Clerk Jolly) was obliged to
give a true – and only true – state of affairs of the case, but not engaging in
more deceptions to her superior as well. She utterly neglected her duties and abused
her office, clearly manifesting corruption on her part.
11.
As
a registrar (particularly an Assistant Registrar), Her
Worship Esther Nakadama Mubiru is responsible for ensuring that all matters
that come before her are properly managed, which does not include fabricating
and forging things. She was obliged to ensure that the court order she authenticated
and communicated to me actually existed on court record and was duly issued by
the learned trial judge, but not colluding with her junior to perpetuate
falsehoods. Having failed to do that, she utterly neglected her duty and
abused her office, clearly manifesting corruption on her part.
12.
Resultantly,
Her Worship Esther Nakadama Mubiru and Court Clerk Jolly Kauma occasioned mal-administration of justice in MA No. 76, considering that their illicit
actions and inactions have:
(a)
deprived
me of my legal right to proceed ex parte in the case, with LDC being presumed
to have admitted my case against it, thus lowering my standard of proof;
(b)
delayed justice for me; and
(c)
subjected me to expensive outcomes in form of exorbitant costs
of transport, airtime, data, processing documents (including submissions) and wasting
my valuable time and energy,
among
other anguishes caused to me in prosecuting the case.
13.
Although I am not afraid or worried of proving my case to the
required standard in the face of contest, it should be understood, however, that
litigation and the administration of justice in general is a process with
procedural duties incumbent on parties, the violation of which results in rights
accruing to the opposite party. Judicial officers must understand that rights
accrued cannot (and should not) be wantonly denied and deprived of their
beneficiaries.
14.
I believe Her Worship Esther Nakadama Mubiru and Court Clerk
Jolly Kauma are neither mad nor stupid. So this begs the question, who are they working for? The answer is
definitely LDC. I have learnt from experience that to challenge LDC is to
unsettle deeply vested interests from various quarters. Consequently, LDC is a favourite,
a darling of sorts, that is specially given preferential treatment by many
actors in the Judiciary (and other government agencies), who shower it with
undue advantages over its victimized students. Rules are bent, flexibly applied
and even subverted to accommodate LDC, while the same rules are sternly invoked
and applied against its complaining students. The bar is lowered for LDC and
its people, yet unjustly heightened for its victims like me. That is exactly
what is at play here! In my particular case, I remember I was told as much
during my student days at LDC by one of my then lecturers, Mr. Tweyanze
Lawrence (now judge of the High Court), who told me in open class on Tuesday, 16th
July, 2013, that I would not get favourable judgments
in courts since lecturers and judicial officers have networks that will ensure
that it is impossible for me to win cases before them when in practise.
15.
An analytical and critical study of the decisions of courts
involving LDC and its victimized students shows that there is judicial
precedent actualizing Mr. Tweyanze Lawrence’s threats against me and supporting
my assessment. The worst decision, in my view, is the ruling of Justice Elubu
Michael in the case of Bakampa Brian
Baryaguma v. Law Development Centre, Miscellaneous Cause No. 428 of 2019, in
which the Judge literally murdered justice and dehumanized me, in order to save
the reputations and careers of his friends and allies at LDC. I lodged a
complaint against Justice Elubu Michael calling for his investigation and
removal from office, a copy of which was served on the Judicial Service
Commission on Wednesday, 7th December, 2022 and is also available
online at https://huntedthinker.blogspot.com/2022/12/investigation-and-removal-from-office.html.
Students unable to submit to abuse must be crushed and contained!
16.
But really the judiciary should not be used as an instrument and
arena of oppression and suppression. Temples of justice should not be facilitators
of abuse. So the kind of malpractice exhibited by Her Worship
Esther Nakadama Mubiru and Court Clerk Jolly Kauma in MA No. 76 in forging a court order cannot (and should not) be accepted
or tolerated in the public/civil service of Uganda. In the words of scripture, they did what they were not supposed to do
and did not do what they were supposed to do and there is no truth in them. I
request the Judicial Service Commission to punish and hold them accountable.
17.
I would have served copies of this complaint to Her Worship
Esther Nakadama Mubiru and Court Clerk Jolly Kauma, but I realize that under
your (JSC’s) enabling laws, it is the Commission that is required to do that by
calling upon those complained against to reply and
defend themselves. I do not want to hijack and do your job. I trust that JSC
will not shy away from doing its role.
18.
By copy of this letter, however, the Head,
Civil Division, High Court of Uganda is alerted and informed of occurrences of
abuse of legal/court process by officers in his division so that he may do
whatever is in his power and/or mandate to do in order to stop or prevent such
further abuse.
19.
Stated at Kampala on the date first hereinbefore mentioned.
…………………………………………
Bakampa
Brian Baryaguma
Complainant/Litigant
Mobile:
+256753124713 / +256772748300;
Email: bakampasenior@gmail.com.
Copy to: Head, Civil Division, High Court of Uganda.
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