A public scandal is secretly unveiling inside the walls of a nation’s judiciary. Uganda’s Attorney General, Kiryowa Kiwanuka (KK) is at the center of the unfolding public scandal. The country’s Chief Legal Advisor stands accused of defying a lawful court order.
The order requires KK to give a concerned citizen, a copy of a contract government entered into with Energo Projects, a private road contractor. The contract is in respect to the reconstruction of the 86 kilometers Mityana-Mubende road alongside a number of small roads in Fort Portal town. Issued in the first days of September by a Magistrate, Winnie Nankya Jatiko, the order remains unimplemented by the Arttoney General, close to a month later.
Curiously, a nation’s judiciary which previously showed a lot of zeal while dealing with the contempt of court cases levelled against the president of Uganda Law Society, Isaac Kimeze Ssemakadde, and those of Male Kiwanuka Mabirizi, has yet to do the same in the case of KK. This begs the question – is KK untouchable or is he above the law?
Well, the concerned citizen, who obtained the court order is Roberts Friday Kagoro. Kagoro is a private law practitioner based in Kololo, Kampala. He is attached to a prominent Kampala law firm of Muwema and Company Advocates. Kagoro duly filed a case against KK and the Works and Transport Permanent Secretary Waiswa Bageya on the way to obtaining the necessary court order.
Fundamentally, Kagoro suspects Energo Projects did not conduct the scope of road works proportionate to the first deposit of public funds government made to them. Accordingly, the legal mind seeks to critically look at the relevant contract to cure his curiosity.
Most of all, the man of the law seeks to conduct a critical perusal of the contract and then make an informed decision in regards to whether he should proceed to court or else, cool off. Fortunately enough, a magistrate, Winnie Nankya Jatiko has since granted Counsel Kagoro’s desire. This stance, especially because private citizens are entitled to access of public information within the possession of the State.
Ponder. KK was in court at the tine of the grant of the order of the release of the contract. Reflect. Counsel Kagoro has twice written to KK to counsel him to do what the honorable court directed him to do. Imagine! Gen Museveni’s Chief Legal Advisor, KK defied both the court’s lawful order and his learned friend’s due reminders.
Think harder! KK continues to saunter about free, as if defying court orders is not punishable by criminal sanctions. After conducting the initial works which Kagoro suspects were not proportionate to the public funds paid to them, Energo Projects based on non payment of the agreed contract sums and suspended further works.
The suspension, placed the critical road infrastructure works into a ten-year-old abeyance. As an election loomed, Gen Yoweri Museveni’s government finally remembered about the grossly neglected road infrastructure and recalled Energo Projects to do the needful. Aggrieved, Kagoro moved to court to find out whether or not the works earlier done by Energo Projects were proportionate to the first deposit government made at the execution of the contract.
Puzzlingly, a serious matter of accountability of public funds cannot be addressed especially given that a nation’s Attorney General remains hesitate to the release of a relevant contract. Is there something being hidden away from the country’s taxpayers? We pledge to keep you apprised of further developments.
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