{UAH} RESPONSE to RUKUNDO: How to Impeach the President

Ms Rukundo,
I agree with your understanding of my analysis. Generally, "with cause" means that there is a specific reason...in this case, as long as the BoT can come up with a specific reason for recommending the impeachment of the President, it seems that the constitution allows the BoT make their recommendation.
As to the "intent of the framers", that can only be found in the document itself...otherwise, it is up to the BoT to subjectively decide what the framers meant (please keep in mind that the BoT has the SOLE power to interprete the constitution)! It would be up to 2/3 of the Council to accept or reject the BoT's recommendation.
In my view, BoT decisions can be based and ARE regularly based on the personal feelings of the members of the BoT (I can give examples if you want).
I do not see any article in the constitution that requires the BoT to disregard their personal feelings for or against the President.  If it is there, I'd love to see it. Besides, how would anyone prove that any member of the BoT was going to disregard their personal feelings? As the saying goes "judges are people"!!!
Assuming that the alleged events in the BoT's ruling on Mr Kabagambe are CORRECT, wouldn't you wonder if the lone dissenting vote was cast by Mr Wilson...if it is true that it is Mr Wilson that cast that dissenting vote, wouldn't wonder if his personal feelings played a role? Would you be SURPRISED that he FELT that way? Why ELSE would a BoT member want to vote to support a PROVEN fraud? i.e again, assuming the facts were as alleged in the BoT ruling.
thanks

For a faster response please contact me at 415.789.6427

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From: Elizabeth Rukundo <liz.rukundo@gmail.com>
To: joseph.musoke@ymail.com
Sent: Tuesday, September 24, 2013 2:40 PM
Subject: UNAALIST How to Impeach the President

Dear Joseph,

From your analysis it would seem that 'with cause' has the same meaning or should be read to have the same  meaning as ' for any reason'. Really? I highly doubt that the framers of the UNAA constitution meant it to be so subjective and dependent on the feelings of the BoT  members towards the President.

Liz

On Tue, Sep 24, 2013 at 12:46 PM, Joseph Musoke <joseph.musoke@ymail.com> wrote:

Nic,
Below are the relevant provisions:
5.2 (f): Powers and responsibilities of the UNAA Board of Trustees: The UNAA Board of Trustees shall:
 Recommend to the UNAA Council the suspension or impeachment with cause any member of the Council, Executive Committee or the Board of Trustees, and to present the decision of the Council to the next Annual General Meeting for review and final disposition;
7.11: Vote Required For Action: Except for a motion to impeach or remove an Officer, Trustee or Member of the UNAA Council, the act of a simple majority of the UNAA council present at a meeting at which a quorum is present shall be the act of the full Council.
A motion to impeach or remove an Officer, Trustee or Member of the UNAA Council shall require the consent of at least two-thirds (2/3) of the full Council.
It seems the BoT can initiate the impeachment process for any reason (cause) that the BoT wants!!!
Based on the above provisions, it appears that the process of impeaching a President has to be initiated in the BoT, which would send its recommendation to the Council.  The Council would then require 2/3 of the members to impeach the President. If the Council agrees with the recommendation of the BoT and votes to impeach, then the Council's decision is sent back to the BoT. The BoT would then present that general membership at the Annual meeting.
Whew!  I am glad you asked that question...I didn't realize HOW important it is for a President to have a slate of people to run with on the Council!  Supposing I'd won the elections and disagreed (e.g on ideology or policy) with the BoT or the Council, I could very easily be impeached by the BoT and the Council because I don't have anyone there.
You basically need 2/3 of the Council to be effective as a President...do I hear any voices in favor of merging the Executive and the Council?
thanks

 

For a faster response please contact me at 415.789.6427

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From: "donosen@yahoo.com" <donosen@yahoo.com>
To: joseph.musoke@ymail.com
Sent: Tuesday, September 24, 2013 4:53 AM
Subject: UNAALIST UNAABOT Ruling on Petition from 8 members of the UNAA Council

Mr. Musoke, Joseph what are the grounds of impeachment according to UNAA constitution?

Thank you.

NNK

Sent from my iPhone

On Sep 23, 2013, at 11:54 PM, Joseph Kamugisha <yesu_nimurungi2004@yahoo.com> wrote:

FRAUD one on ONE!! 

What next? 

How much did the UNAA President know or how participation was he involved with?

Whose lone vote was in favor of the FRAUDULENT deal? 

Will those implicated in the FRAUD deal come out and apologize to UNAA membership?

ON Whose address was the FRAUD committed?

Oh, Lord have Mercy!

 

 Kamugisha

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From: Muniini Mulera <muniinikmulera@aol.com>
To: yesu_nimurungi2004@yahoo.com
Sent: Monday, September 23, 2013 11:14 PM
Subject: UNAALIST UNAABOT Ruling on Petition from 8 members of the UNAA Council

Mr. Awichu Akwanya, CM, South Pacific Region 2, USA

Mr. Ken Ddamba, CM, New England Region, USA

Dr. Daniel Kawuma, CM, Mid-Atlantic Region 2, USA

Mr. Edriss Kironde, CM, Rocky Mountains Region, USA

Mr. Victor Lukandwa, CM, Great Lakes Region, USA

Ms. Haira Nalugemwa, CM, Female Youth, Canada

Mr. Andrew Ssembuusi, CM, Mountain Region, Canada

Ms. Becky Wamala-Brown, CM, South Pacific Region 1, USA

 

Dear UNAA Council Members,

 

Subject: Petition regarding Mr. Rahim Kabagambe's election to the UNAA Council

 

The UNAA Board of Trustees (UNAABOT) received your petition, dated Wednesday September 18, 2013, in which you challenged the validity of Mr. Rahim Kabagambe's election to the UNAA Council.   This joint petition was a follow-up on a petition on the same matter that had been filed on Tuesday September 17, 2013 by Ms. Becky Wamala-Brown, Council Member for South Pacific Region 1, USA.

 

After careful examination of the petitions, the UNAABOT held meetings on Thursday September 19, 2013 and on Sunday September 22, 2013 to consider the central issues arising from the petitions and the relevant documents that were availed to us by the officials of UNAA. The two meetings were attended by all members of the UNAABOT, with the exception of Mr. Brian Kwesiga, the President of UNAA, who agreed to recuse himself given that he was named in your petition.  Pastor Samuel Mutyaba, the UNAAEC Chairman, attended part of the meeting on September 22, 2013.

 

The UNAABOT determined that at issue were the following questions:

 

1.   Was Mr. Rahim Kabagambe a UNAA Member in good standing to qualify to be nominated for Male Youth Representative for Canada?

 

2.   Was Mr. Rahim Kabagambe a duly nominated candidate for Male Youth Representative for Canada?

 

3.   Was there any other candidate for Male Youth Representative for Canada?

 

4.   Did Mr. Rahim Kabagambe receive the support of at least one qualified voter in the elections that were held on September 1, 2013?

 

5.   Did Mr. Rahim Kabagambe have to be at the UNAA Convention in Dallas, Texas in order to be elected Male Youth Representative for Canada?

 

6.   Was Mr. Rahim Kabagambe declared elected as the Male Youth Representative for Canada when the results were released in Dallas, Texas and when the official results were published on September 12, 2013?

 

The UNAABOT interviewed Pastor Samuel Mutyaba, the Chairman of the UNAA Electoral Commission, to establish the facts of the nomination and election of Mr. Rahim Kabagambe.

 

We reviewed (1) the UNAA Electoral Commission Guidelines of 2013; (2) a copy of the summary of all candidates' nomination records; (3) a copy of Mr. Rahim Kabagambe's payment for UNAA membership; (4) copies of Mr. Rahim Kabagambe's nomination forms; (5) e-mails from Mr. Rahim Kabagambe's recommenders; (6) a scanned copy of the ballot for candidates for Youth Representatives for Canada; and (7) all the relevant Articles of the UNAA Constitution that pertain to membership, elections, the UNAA Electoral Commission and the UNAA Council.

 

The Chairman of the UNAABOT did a background check to ascertain the existence of Mr. Rahim Kabagambe. The Chairman of the UNAABOT personally spoke with Mr. Rahim Kabagambe via telephone on Thursday September 19, 2013.

 

The UNAABOT is therefore able to authoritatively answer the above questions as follows:

 

1.   Mr. Rahim Kabagambe, a resident of Edmonton, Alberta, Canada, where he told us he has lived for more than 5 years, is a 26-year old Ugandan-born male who applied for membership of UNAA sometime in August 2013.  Mr. Kabagambe caused a $50.00 US Postal Money Order to be purchased on August 14, 2013. This Money Order was to be used as payment of his UNAA membership fees. 

 

The UNAABOT did not find any evidence to show that the Money Order was mailed to the UNAA Treasurer before the deadline for candidate registration which was midnight of August 15, 2013. 

 

2.   An E-mail dated August 17, 2013 from Mr. Brian Kwesiga, addressed to Mr. Michael Kimbugwe, UNAAEC Member, and copied to Ms. Henrietta Wamala, then UNAA Secretary, is the only evidence available to show that the Money Order had been mailed to Mr. Moses Bukenya, who had been the UNAA Treasurer until August 16, 2013.  However, a United States Postal Services Envelope with a Maryland return address for Mr. Rahim Kabagambe, which was scanned with the Money Order, had no post-mark to show that it had been mailed and when it had been mailed.

 

The UNAABOT was informed by Mr. Timothy Gaburungyi, Director of Development who was in charge of documenting membership registration, that he had received information that Mr. Rahim Kabagambe had paid for membership. However, Mr. Gaburungyi received that information sometime after August 15, 2013.

 

The UNAABOT noted that whereas Mr. Rahim Kabagambe had completed a Candidate Agreement Form dated August 12, 2013, he had done so before paying UNAA Membership fees. 

 

The UNAABOT also noted that the notification of payment that was done via e-mail on August 17, 2013 was not from Mr. Rahim Kabagambe, the candidate himself, but from Mr. Brian Kwesiga.

 

In the absence of clear evidence of payment of the membership fees before midnight on August 15, 2013, such as a post-marked envelope as proof of this, it is the opinion of the UNAABOT that Mr. Rahim Kabagambe was not a UNAA member in good standing before the deadline for candidate registration.  That alone would have disqualified him from nomination as candidate for the UNAA Council elections that were scheduled for September 1, 2013.

 

3.   But suppose there was evidence to show that Mr. Rahim Kabagambe had in fact paid his membership dues before the deadline for candidate nomination, did his nomination process meet the UNAAEC's requirements?

 

The records of the UNAAEC show that Mr. Rahim Kabagambe completed a Candidate's Agreement in which he claimed that his nomination had been recommended by Mr. Brian Kwesiga and Ms. Haira Nalugemwa. 

 

However, for the recommendations to be valid, the UNAAEC required e-mails from those recommending the candidates as proof that the candidates' claims were genuine.

 

The UNAAEC received 3 (three) e-mail recommendations for Mr. Rahim Kabagambe. The authors of these recommendations were Mr. Brian Kwesiga, Ms. Aisha Musoke Ogwang and Ms. Yvette Kibwika.

 

The UNAAEC did not receive an e-mail from Ms. Haira Nalugemwa.

 

During the course of the UNAABOT's consideration of the petition, Pastor Sam Mutyaba was asked to clarify whether or not Ms. Nalugemwa had recommended Mr. Rahim Kabagambe as candidate. Ms. Nalugemwa categorically denied ever having recommended Mr. Kabagambe and sent an e-mail to the Chairman of the UNAAEC on September 21, 2013, with copies to members of the UNAABOT, stating: "I never seconded Mr. Rahim Kabagambe and wasn't even aware that he was a candidate until the official candidate list was publicly published by the E.C.  on Unaalist."  

The Chairman of the UNAABOT spoke with Ms. Haira Nalugemwa in person to confirm that she had written the e-mail rejecting the claim that she had recommended Mr. Rahim Kabagambe. She reiterated that she never recommended Mr. Rahim Kabagambe to the UNAAEC. 

 

It is the opinion of the UNAABOT that Mr. Kabagambe's nomination paper was fraudulent in that he claimed recommendation by a person who had not done so.

 

4.   Notwithstanding flaws in his nomination process, Mr. Rahim Kabagambe was on the ballot as an unopposed candidate for Male Youth Representative for Canada.

 

5.   Whereas the Electoral Guidelines required that the voters be present in person at the Election Center at the Omni Dallas Hotel in order to cast their ballots, the Guidelines did not require the candidates to be present in person in order to be elected.  The Constitution of UNAA does not require the physical presence of a candidate at a UNAA Convention or at the venue of an election in order to be voted for by the Members.  The claim that Mr. Rahim Kabagambe's absence from the UNAA Convention in Dallas should have disqualified him as a candidate for UNAA Council is therefore without merit.

 

6.   The Chairman of the UNAAEC confirmed to the UNAABOT that Mr. Rahim Kabagambe was declared elected as Male Youth Representative for Canada when he announced the results on Sunday September 1, 2013. Mr. Rahim Kabagambe's name was on the list of the official results that were published by the UNAAEC, showing that he had been elected as Male Youth Member for Canada.

 

In consideration of all of the above, it is the very strong opinion of the UNAABOT that:

 

1.   Mr. Rahim Kabagambe was not a UNAA member in good standing before the deadline for candidate registration on August 15, 2013;

2.   Mr. Rahim Kabagambe's nomination as candidate was irregular, fraudulent and therefore not valid;

3.   Mr. Rahim Kabagambe's election and declaration as Male Youth Representative for Canada was not valid.

 

Summary and decision of the UNAABOT:

 

Empowered by Article 5:2(e) and Article 9:9 of the UNAA Constitution, the UNAABOT finds that Mr. Rahim Kabagambe's nomination as candidate for UNAA Council was not valid.

 

In a 6-1 vote, the UNAABOT nullifies Mr. Rahim Kabagambe's election to the UNAA Council as Male Youth Representative for Canada.  Any UNAA Council action, decision or vote in which Mr. Kabagambe participated is hereby nullified.

 

 

 

Yours truly,

 

 

 

Dr. Muniini K. Mulera

Chairman, UNAA Board of Trustees

 

Copies:

 

All Members of UNAA

All Members, UNAA Board of Trustees

All Members, UNAA Council

Mr. Brian Kwesiga, President, UNAA

Mr. Monday Atigo, Vice President, UNAA

Pastor Samuel Mutyaba, Chairman, UNAAEC

 

 

 

 

 

 

 

Ugandan North America Association . 1337 Massachusetts Avenue . Suite 153 . Arlington. MA . 02476

Email: info@unaa.org

Ugandan North America Association . 1337 Massachusetts Avenue . Suite 153 . Arlington. MA . 02476

Email: info@unaa.org

Ugandan North America Association . 1337 Massachusetts Avenue . Suite 153 . Arlington. MA . 02476

Email: info@unaa.org

Ugandan North America Association . 1337 Massachusetts Avenue . Suite 153 . Arlington. MA . 02476

Email: info@unaa.org