Judge irked by Attorney General tactics in reflexology case

Jun 30, 2012

The head of the Commercial Court Justice Geoffrey Kiryabwire has expressed disappointment with the Attorney General’s (AG) office for delaying the start of the hearing in the case of banned reflexology practitioners.

By Andante Okanya 

The head of the Commercial Court Justice Geoffrey Kiryabwire has expressed disappointment with the Attorney General’s (AG) office for delaying the start of the hearing in the case of banned reflexology practitioners.

On Wednesday, the judge voiced his discontent at the court in Kampala when the AG's representative principal state attorney Wanyama Kodoli failed to appear in court.

The case arose on March 24 last year, when the reflexologists filed an application for judicial review at the court in protest at the ban, contending that Government never accorded them a hearing before their activities were outlawed.

Hearing had been scheduled to start on Wednesday. The reflexologists appeared with their lawyers Denis Sembuya and Isaac Kimaze.

However, state attorney Irene Bayiga, said she had been instructed to appear on Kodoli's behalf, and ask for an adjournment, saying he was engaged in other official duties.

Her explanation irked the judge, who said the case had dragged on for long to the disadvantage of the reflexologists whose fate still remains uncertain one year and three months after the ban.

The judge noted that despite a recent meeting with numerous attorneys from the AG's office on how to proceed with cases, they had failed to heed.

"Cases against the Attorney General are very problematic. I had a meeting with the Attorney General's chambers and we agreed on how to do business in the Commercial Court," the judge noted.

Previous attempts on an out of court settlement failed. At the previous court session on May 22, Kodoli said the Health ministry had instructed the AG to proceed with the case.

The umbrella body Uganda Reflexologists Association of Uganda, together with Alleluia Reflexology Health Solution and Nutrition Centre Limited, filed an application for judicial review in protest against the ban. It was ordered by the then health minister Stephen Mallinga.

Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts and inferior tribunals or bodies. The Commercial Court is a division of the High Court.

The ban was based on an investigation which indicated that reflexology centers posed a risk to the patients' lives since most of them lack training and did not comply with operational standards.

The report was compiled by the Uganda medical and dental practitioners' council, nurses and midwives council, allied health professionals council and the pharmacy council.

On Wednesday, Bayiga pleaded for the last adjournment, saying Kodoli would be available on the next date.

But Sembuya and Kimaze objected to the adjourment, and asked court to reprimand the AG for delay.They asked for costs for the day, saying they had diligently

Accordingly, the judge awarded the reflexologists costs for the day.However, the amount will be determined when the verdict is made. Hearing was adjourned to August 22.

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