{UAH} JENIFER MUSISI DOESN'T RESPECT COURTS OF LAW!

The appointed Executive Director of KCCA, Ms Jeniffer Musisi may face a criminal prosecution over her repeated wilful contempt of court and disobeying of court orders as well as her failure to transparently account for taxpayers' money of Shs148 billion given to her in the financial year of 2011/12 and Shs58 billion recovered from bank accounts of the former KCC . Private individuals have a legal right to bring a criminal prosecution if the DPP cannot act independently.

Besides disobeying the court order of 25 November 2013, stopping the impeachment process which they received and became aware of before proceeding with their voting, and the court order of 28 November 2013 which nullified and quashed the whole censure and voting process of 25 November 2013, there is a well-documented history, which reveals that ED Musisi is a habitual contemner.

What Ms Jenifer Musisi and some other executive officials are doing is called 'contumacious' which means insubordinate, stubbornly or wilfully disobedient, especially to an order of the court.For example last July 2013, ED Jeniffer Musisi publicly disobeyed a court order not disband KDLB created by the Constitution, and she publicly stated that KCCA would not be party to the court ruling which was issued by Justice Solomy Balungi Bbossa of the High Court. The High Court ruled that: "the Kampala District Land Board is supposed to act independently of any institution, including KCCA. It is clear that the KCCA Act must be read subject to all constitutional provisions as the Constitution is the supreme law of Uganda.".

 Justice Bbossa also ruled that though KCCA was established by an Act of Parliament, it cannot amend the Constitution that established KDLB as an independent body. However, Ms Musisi contemptuously stated that KCCA would not be party to that court ruling and disassociated KCCA from that judicial decision, insisting that Kampala ceased to be district, despite existence of constitutional provisions that have not yet been amended, which tangibly prove that Kampala is still a district.

 This was the second time this year that the appointed Executive Director of KCCA was deliberately disobeying a court order. Recently, the so-called technical wing of the Authority had started collecting the Shs120,00O monthly fee from taxi drivers and operators, despite a court ruling of High Court Judge Kabiito that Musisi's Shs 120,000 monthly taxi levy, was illegal because the fees had not approved and unanimously agreed in a KCCA meeting in accordance with the law.

Court orders are law. They are the law, and must be obeyed at all times. Disobeying court orders, which the law enforcement agencies like the police are invariably called upon to enforce, is tantamount to overthrowing the Constitution and the Rule of Law.

The independence of the judiciary in Uganda has often been encroached upon by disobedience of court orders by some executive officials, as well as under-funding and poor facilitation.

For a consideration period of time, the judiciary in Uganda has witnessed the flagrant disobedience of court orders by the appointed Executive Director of KCCA and police leadership, which has posed a serious threat to its independence..

If ordinary citizens follow the example of the executive in disobeying court orders, this will lead not only to disruption of the due administration of justice, but also anarchy.One of the most foolish is to disobey a court order. And compounding the foolishness are the attempts of the some executive agents who try to rationalise their clients' disobedience, by relying on some unreasonable excuses, to justify disregarding the court orders, for example, the court order was a forgery, it was based on dishonest or incorrect information, as well as making unconvincing denials that the court order was not received in time and was taken up by events..

None of those excuses works or will work. The argument that court order is unfair or wrong because of an error or a lie is also fruitless. If there is something amiss with a court order, the court must be requested to reconsider it, or the aggrieved party can exercise the right of appeal. Only a court can change a court order, and until a change is granted the order must be strictly obeyed.

If there is sufficient convincing evidence which shows that a party did not know about an issued court order, or was not duly informed about its existence, that can be viable excuse for not obeying a court order. However, if there is adequate evidence which passes the evidential test which shows that a person was fully made aware of a court order, but deliberately disobeyed it as is the case against ED Musisi, criminal proceedings, involving charges of disobeying orders and contempt of court, can be initiated against the alleged offender or contemner..

Wilful contempt exists when a person has the ability to perform under the court order, but doesn't want. This behaviour is contemptuous and courts do not take it lightly.. Deliberate contempt of court is a criminal offence that can lead to a fine and even imprisonment because of lack of respect or obedience of by an individual in a court of law. A person is also in contempt of court, if he or she intentionally disobeys a court order or injunction.

Court issues orders compelling public officials, private individuals, or public institutions to do certain things for a wide variety of purposes, but all share at least one thing in common: violation is subject to penalty. Penalties range from fines to civil charges and in some cases of wilful contempt jail time. Courts typically only make orders when specific actions are required to be performed. It follows, then, that exacting penalties for court order violations both helps the court maintain judicial authority, and acts as a means of ensuring that the court's judgements and mandates are acted upon. Penalties vary by order, but rarely does a violation of court order go unpunished.

If the elected Kampala Mayor Erias Lukwago and his assistants are denied access to their official premises and emoluments, by the appointed ED Musisi basing on her feelings, it will be widely seen as wilful disobedience of the order of the High Court. There are no extenuating circumstances to support ED Musisi's non-compliance with the court orders. ED Musisi's allegations are completely untrue that some people wish to go and disrupt business at City Hall.

The law of contempt was developed by the courts to protect the rule of law by upholding the authority of the courts. Contempt by disobedience to the orders of the court is punishable under Section 117 of of the Penal Code Act in Uganda.

'Disobedience contempt' is contempt by disobedience to judgments and other orders of the court including undertakings given by a party to the court (which at law have the same effect as court orders). It arises in both criminal and civil contexts, where a person does not obey a court order.

Disobedience of a court order invokes two responses: enforcement and/or punishment. There is sufficient credible evidence which shows that ED Musisi is stubbornly defying court orders, where compliance is possible, necessary and relevant. These breached court orders should be enforced without favour or fear. The disobeyed Court orders are clear and unambiguous in their terms and are not impossible to be complied with..

For example Justice Benjamin Kabiito of the High Court, ruled that KCCA did not have the mandate to collect the Shs120, 000 shilling monthly fees. The Executive Director and her irregularly recruited Law enforcement officers, had been levying fees on each commuter taxi per month, which fees had not been approved by the council in the Authority meeting. Citing Article 51 of the KCCA Act, presiding judge Benjamin Kabiito of the High Court Civil Division concurred with the petitioners that the taxi fee and the interim committee were illegal. He ordered an immediate halt of the collections until council approves the taxi levy. Since the High Court Order was issued, ED Musisi allegedly colluded with some councillors not to attend any meeting to debate and unanimously agree on these monthly fees which were found by the courts to be unlawful. ED Musisis and a certain police by the name of Patrick Ruhweza, used physical force to continue collecting Shs120, 000 shilling monthly fees, in total defiance of a binding court order. This formed the basis of the false allegations in the petition that Erias Lukwago is frustrating revenue collection in the city.

In Uganda, the law relating to disobedience contempt including enforcement and punishment can be found in Sections 107 and 117 of the Penal Code Act conferring jurisdiction on the courts, to punish such disrespectful behaviour towards judicial officers. The capacity to enforce a court order is provided and the capacity to punish for disobeying a court order is also accessible. The certainty of the Uganda Penal Code and other laws that impose a penalty or threat of imprisonment, common law penalties can be substantial and are not limited..

Section 117 of the Penal Court Act created a discrete criminal offence of "disobedience of lawful orders" against any person who disobeys any order duly made, issued or given by any court.

Section 112 of the Penal Court Act says: "Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court commits a misdemeanour and is liable to imprisonment for one year."

Section 117 of the Penal Code Act ["PCA"] created the criminal offence of disobedience of a lawful court order. The penalty for disobeying a court order in the Ugandan jurisdiction is spending time in jail or payment of fine. A person who deliberately defies a lawful court order commits an offence and is liable on conviction to imprisonment for two years. Section 117 of the PCA provides: "any person who disobeys any order, warrant or command duly made, issued or given by any court, officer or person acting in any public capacity and duly authorised in that behalf commits a misdemeanour and is liable, unless any other penalty or mode of proceeding is expressly prescribed in respect of such disobedience, to imprisonment for two years."

The prescribed penalty for the violation or disobeying a court order is a 2-year jail sentence. Pursuant to Section 117 of the Penal Code Act ["PCA"] any person who, without lawful excuse, disobeys a lawful order made by a court of justice established by law is liable to imprisonment for a term not exceeding two years. The punishment for wilful defiance of a court order is expressly provided by national law in Uganda.

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H.OGWAPITI
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