Ethics of lawyers worsen - Outgoing law society boss

Oscar Kihika the outgoing president of the Uganda Law Society (ULS), is retiring after serving two terms at the helm of ULS. On March 28 when the ULS met for their general assembly, Kihika did not contest again because he feels, “Every dancer has got a particular time on the stage,” as he told Hillary Nsambu in an interview.

Question: You are retiring as president of the Uganda Law Society, how do you leave it; more vibrant or how you found it?
Answer: I think the society, in the recent past, has been vocal and the trend has continued since I was elected president. This is derived from the ULS’s Act, which among the many objectives, is to guide the public and the Government on matters of public interest.
My other objective as president was to make the society more relevant to the membership. We have succeeded in that regard, because, as of last year, we have registered more than 90% of paid up members. I am leaving the society in a better position than I found it.

Question: What have been your achievements?
Answer: One of the first things I set out to do was to establish independence of the Bar from influence, mainly political.
lThe society runs community-based programmes, the largest of which is the Legal Aid Project, which is designed to achieve access to justice particularly for people, who cannot afford legal fees.
We also coordinated the Legal Aid week last year, which was designed to sensetise the public on the availability of these services. We have also worked closely with the inspector general of police. We now have a linkage between the Police and the public for these people to access our services.
lWe have established closer working relations with the Judiciary, with a view of helping it become more efficient in delivery of justice. We still have a long way to go in this regard though.

Question: What are the greatest challenges you faced as president of the ULS or as lawyer during your tenure of office?
Answer: l The first challenge was the second attack of the courts, by security agents code-named “Black Mamba”, which occurred four days into my presidency.
l When the Police arrested the members, Medard Lubega Seggona Kalyamaggwa and Peter Charles Mayiga, who were held beyond the constitutionally accepted period without charge.

Question: You contested the Government’s move to charge FDC leader, Col Dr Kizza Besigye in the Court Martial and the High Court at the same time on same facts, on whose behalf were you acting?
Answer: l The issue was the constitutionality of the Government’s action in charging citizens of Uganda before courts that are not seized with the jurisdiction to try them — as such I was not acting for Besigye alone, but this was a suit filed in public interest and I am glad to report that the Supreme Court ruled in our favour in this regard.

Question: Let us talk about the professional conduct of lawyers generally. What rating do you give them?
Answer: This is an area of great concern for me as president — the ethical standards of legal practice — in my view — it is deteriorating. There are several factors, but I would mention a few.
l The inefficient court system. The longer the courts take to resolve a matter, the longer it take for lawyers to earn their fees. The result is some lawyers resort to embezzling clients’ money and engage in corrupt practices.
l The officials in the Land Registry have tended to gang with some members of the society and defraud unsuspecting members of the public of their land.
In many of the fraud cases in the Land Registry, there are certain members of the ULS whose names are consistently linked to the fraudulent transactions.

Question: There have been clients who complain about some lawyers who do not remit their money as damages when a case is concluded or those who pay large sums of legal fees, but their lawyers simply dodge representing them in court?
Answer: It is true some of the members of the society do not remit their clients’ money after recovery, but the public should know that they have recourse to the disciplinary committee of the Law Council. We can help such clients to recover their moneys from such errant lawyers.

Question: You once suspended Uganda’s Attorney General, Dr Edward Khiddu, Makubuya as member of the society. What prompted you?
Answer: The members of the Society had the view that the Attorney General (AG) did not come out to advise the Government on the appropriateness of the society against the attack of the High Court by the “Black Mambas”.

Question: Did the society have the power to suspend him?
Answer: No. The ULS did not have the power, but it was a symbolic gesture, a show of displeasure.

Question: The AG disregarded the dismissal as inconsequential. Didn’t this render the society’s action irrelevant?
Answer: The members’ view was that this was a matter of public relations as a way of making a point. The truth is that, as a matter of law, the AG is an ex-officio member of the society.

Question: What is your comment on the general rule of law in the country?
Answer: There have been some improvements that have been registered, but it is far from perfect.
The Government should not only respect, but also empower other organs like the Judiciary, Legislature and others in the exercise of constitutional functions. The opposition should also respect the constitutional functions of those organs.
I am a bit concerned about the freedom of the press — it is a bit disconcerting to see journalists being summoned by the Police for stories that appear displeasing to the Government, though factual. This is not the trend that is manifest in a democratic society.
I am also concerned about the level of corruption in this country — the population is being held hostage by people, particularly those working in the public sector. They amass unaccountable sums of money and yet a large percentage of our population lives below the poverty line. This condition is a recipe for anarchy.

Question: The removal of the presidential term limit from the Constitution and the Land Amendment Bill have been some of the hotly contested laws. In your view, were they well handled?
Answer: I did not agree with the removal of the presidential term limit.
And on the way the Land Amendment Bill is being handled, it appears the Government has gone back to the drawing board, but it would be unwise to pass the law without wide consultations.

Question: Why didn’t you seek a re-election?
Answer: Every dancer has got his or her time on the stage and I feel I have delivered all the strokes that I had in my hat.