In any given society, once politicians and public servants start financially competing with the private business community, it compromises social-economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place to carry the nation forward.
In March 2020, Ham Enterprises Ltd (Uganda) filed a suit against Diamond Trust Bank (DTB) for recoveries of monies unlawfully debited in Excess of Ugx.120 billion ($32.26 million) from its accounts. It claimed the bank unlawfully and deceitfully withdrew the amount over a spread period of 10 years in excess of all its liabilities to the bank. More so, Kirwowa Kiwanuka (Attorney General of Uganda) admitted on court records, in September 2020, that DTB Kenya did not have a license permitting it to conduct banking business in Uganda and neither did DTB Uganda have the authority to conduct agency business on behalf of DTB Kenya thereby contravening sections; 4 (1) and 117 of the Financial Institutions Act and the banking regulations of Uganda.
A few months later, on October 7, 2020, a judgment was entered in favour of Ham Enterprises Ltd at the high court by Hon Justice Henry Peter Adonyo, Head of the Commercial Division. Edwin Karugire (Partner at K&K Advocates) and Kiryowa Kiwanuka (Attorney General of Uganda) using their political influence resultantly demoted and transferred the said judge immediately from the Head of the High Court, Commercial division to Soroti.
Based on the fact that non tolerance of illegalities in all courts of law is the baseline of all legal structures and Judicial proceedings internationally, this case is a weighing scale on the independence of the Ugandan Judiciary.
Now the public has witnessed how K & K advocates control judges and influence judgements in their favour. In so many cases, the firm victimizes and subjects Ugandans to unfair and unjust political waves that always frustrate justice using political positions while undermining the legal procedures with total and absolute impunity. Thus, can K&K advocates successfully, and politically bulldoze the Supreme Court, or will the law shall prevail?
Diamond Trust Bank admitted on court records by their submissions that they committed illegalities where they emphasized that the Court of Appeal justices erred at law when they failed to address the substantial point of illegality upon which judgment was rightfully entered at the high court, specifically stating that: “The learned Justices were entitled to first deal with the grounds regarding the procedure adopted by the trial Judge in striking out the defendants’ pleadings and granting the impugned orders before dealing with the other grounds.”
It was within these admissions in the bank’s submissions that they clearly stated that the appellant Judges never addressed the circumstances under which the bank never sought the permission of the Bank of Uganda to carry out its business in Uganda as required hence violating sections; 4 (1) and 117 of the Financial Institutions Act.
In corroboration, Ham’s grounds of appeal at the supreme court is that the Justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled by High Court since DTB admits the same. Ham made an application for judgment on admission on the 23rd of November 2021.
This case puts the Ugandan Judicial System and independence on Trial whether non-tolerance of illegalities is the baseline of all legal structures and Judicial proceedings in all courts of law throughout the world or its too weak to handle political pressure compromising all constitutional rights of Ugandans.
Can Kiryowa Kiwanuka’s political influence as current attorney general and Edwin Karugire’s Marital status (as a son-in-law to President Yoweri Museveni) save Diamond Trust Bank from the illegalities committed and admitted on Court records? Is this case is a beam of hope to all Ugandans as a solution to this cancer of exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts? Is Kiryowa Kiwanuka being the Attorney General and at the same time a partner in K&K advocates amounting to a conflict of interest thus frustrating and compromising the independence of the Judiciary?
On Friday, May 5th, 2023 at 11:39 AM, court convened to re-institute a panel of Judges following the demise of Justice Ruby Opio Aweri on December 7, 2022. A panel composed of Justices: Alfonse Owiny-Dollo, Chief Justice of Uganda, Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota was selected to decide the case adopting the case court records including the November 11, 2021, Ham’s application for Judgment on admission by DTB and its Lawyers K&K advocates.
Quick Facts to Note:
- Diamond Trust Bank (DTB) unlawfully debited Ugx.120 billion ($32.26 million) from Ham Enterprises (U) Limited accounts and admitted to committing illegalities at the high court on court records when Kiryowa Kiwanuka told the court that DTB had no license to operate in Uganda and judgment was made in favour of ham enterprises at the high court for recovery of the debited monies from the bank.
- The bank and its lawyers, k&k advocates, additionally at the Supreme Court admitted the failure of the Court of Appeal to address the substantial point of illegality in their submission of 5th November 2021.
- On 11 November 2021, Ham filed an application stating that DTB had concurred with him that the Court of Appeal (COA) justices; Richard Buteera, Christopher Madrama, and Keneth Kakuma, did not address the issues of illegality contrary to the provisions of the financial institutions act on which grounds judgment was rightfully entered at the high court.
Key Questions to Note:
- Can the Ugandan Supreme Court shield an illegality contrary to the international baseline for judicial proceedings and legal structures? Are the Supreme Court judges strong enough to administer justice and Uphold the Law?
- Can Kiryowa Kiwanuka’s political influence as the current Attorney General and Edwin Karugire’s Marital status (as a son-in-law to President Yoweri Museveni) save Diamond Trust Bank from the illegalities committed and admitted on Court records?
- Is Kiryowa Kiwanuka being the attorney general and at the same time a partner in K&K advocates amounting to a conflict of interest and frustrating and compromising the independence of the Judiciary?
- Can Diamond Trust Bank Escape the Law given our weak legal structures and policies as a nation?
- Will this case serve Ugandans from the current exploitative poorly regulated banking system?
Written by Hasabuwenje Daniel.
Disclaimer: Opinions expressed by Ventures Africa contributors are their own.
