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{UAH} Justices Kavuma, Nshimye listed as NRM promoters. can one expect justice with NRM CADRE JUDGES?

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THURSDAY, 22 AUGUST 2013 21:48
WRITTEN BY DERRICK KIYONGA
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Lawyers for the four expelled NRM MPs today demanded that Justices Steven Kavuma and Augustine Nshimye quit a case against them, accusing the judges of being promoters of the ruling party.

The development came after documents obtained by the lawyers showed the justices were listed as promoters of the NRM party.  This would make them interested parties in the ruling party's Constitutional court petition seeking to oust the MPs from Parliament, yet they are part of the Coram. The affected MPs are: Wilfred Niwagaba (Ndorwa East), Ssekikubo (Lwemiyaga) Barnabas Tinkasiimire (Buyaga West) and Muhammad Nsereko (Kampala Central). The NRM  wants them expelled from Parliament, after they were also thrown out of the party.

Their legal team, this time led by Peter Walubiri, cited documents that show that the two judges signed on to found the party in 2005, and were still active members. The two, then cabinet ministers, were listed as promoters 163 and 140, respectively, when the NRM was formally registered as a political party.

"My lords, since it seems you are members of one of the parties (NRM) in the case, it would be only fair and just for you to stand down from this case," Walubiri reportedly told the judges, today.

According to a source, who attended the closed-door meeting, the judges declined to step down, arguing that one of the recently expelled MPs, Theodore Ssekikubo, is also listed as a promoter. Our source added that when Walubiri persisted that the two judges were acting against the judicial code of conduct, the jurists ruled that their names were included in the ruling party's constitution without their knowledge.

They added that they took oath to administer truth and justice without fear or favour so they would not stand down. The other three judges on the case are: Remmy Kasule, Faith Mwondha and Richard Buteera. The MPs have now decided to petition the Judicial Service Commission against the two judges and at the same time announced a withdrawal from the case in the Constitutional court.

"They are being judges in their own case, their actions are clear that they are biased, because they are founders, promoters and members of the NRM," Ssekikubo said at Parliament today, adding that the judges refused to quit.

"This showed us that they have already determined the outcome of the case before the commencement of its hearing. We can't be part of this kangaroo court, let us work on our appeal in the Supreme court," he added.

On Wednesday, the NRM legal team made final arguments, in which they insisted that the four MPs had no place in a multi party Parliament. One of the lawyers, John Mary Mugisha, accused Kadaga of usurping the power of Parliament in interpreting the Constitution before making her ruling, on whether to expel the MPs, from the house.

dkiyonga@gmail.com

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