KAMPALA – The Judicial Service Commission – JSC late last week announced the dismissal of Rakai Court Grade I Magistrate, Latif Abubaker Nakibinge from the service for allegedly withdrawing money from the Operation Fund Account and failing to hand it over to the owner.
The Commission dismissed Nakibinge with immediate effect on May 17 – five days after a meeting over the same issue.
Sources close to the Judiciary’s disciplinary body disclosed that Nakibinge’s trouble stems from a complaint in, which he was accused of withdrawing about Ugx7m – a defendant’s benefit towards costs.
The money was reportedly withdrawn from Centenary Bank as part of the Rakai Court Operation Fund Account in respect of a civil suit number One of 2017 and should have been handed to Matovu and Kamugunda Co. Advocates.
Sources indicate that Nakibinge was charged with one count of abuse of judicial authority in contravention with the Regulations of the Judicial Service Commission.
“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,” resolved the Commission.
The source added that the information regarding his dismissal was communicated to Nakibinge through Julius Mwebembezi – the Permanent Secretary/Secretary of the Judicial Service Commission.
In the same meeting the Commission also reprimanded the Kamwenge Chief Magistrate; Moses Kule Lubangula for presiding ex-parte over a matter that was outside the scope of the Magistrate Grade One jurisdiction.
The matter in this case involved one John 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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