Court dismisses lawyer's petition for removal of URA presidential advisor

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The Nakasero-based anti-corruption court has dismissed an application filed by a city lawyer seeking orders for the head of intelligence and strategic operations on corruption at the Uganda Revenue Authority (URA) to step down from his position.

On October 31, 2024, the court, presided over by Justice Jane Okuo Kajuga, dismissed an application by Hassan Male Mabirizi seeking the removal of David Kalemera from his position as Senior Presidential Advisor to the unit.

Mabirizi argued that Kalemera should vacate the office due to his status as a convicted individual.

Justice Kajuga said that although Kalemera was convicted by the anti-corruption court, no order was issued to bar him from serving in public office.

“No order of disqualification from serving in public office for 10 years was issued by the trial court. Indeed, the trial court could not have issued such an order since Kalemera was not convicted of a corruption offence, for which disqualification would apply, whether expressively stated in the sentence and order or not. Corruption offences are specified under section 2 to 25 of the Anti-Corruption Act. The East African Community Customs Management Act 2004, does not carry such a provision,” Kajuga said.

Justice Kajuga added that the anti-corruption court has no mandate to entertain the application and orders sought therein.

“It is not within the jurisdiction of this court to entertain or grant the relief sought. As stated, this court has no mandate to enquire into the circumstances of employment of anyone more so when the provision barring employment does not apply to him or her. It similarly has no jurisdiction to issue or reversing such appointments or barring them,” Kajuga said.

Kalemera was convicted by the anti-corruption court of offences, including the use of falsified customs documents, contrary to Section 203(h) of the East African Customs Management Act of 2004, and conspiracy to commit a felony, contrary to section 390 of the Penal Code Act. 

He was convicted on April 21, 2022.

Justice Kajuga noted that Mabirizi sought a consequential order arising from a criminal case in which neither the prosecutor nor the convict was a party. Furthermore, the case bore no connection to the judgment of the criminal proceedings.

“This procedure is flawed. On these grounds, I see no need to interrogate the respondent's complaints on late service of the summons and staleness of proceedings, or whether civil procedure laws apply or not. 

The provisions of the judicature act cited by the appellant to support the filing of the application in this court do not apply, and should not be abused to impose jurisdiction where there is none. I see no need to proceed and hear the application on its merits,” Kajuga said.

After the court dismissed the application, Mabirizi requested a typed copy of the proceedings to enable him to appeal the ruling in the court of appeal. The court granted his request for access to the proceedings.

Mabirizi had argued that, although there was no formal order barring Kalemera from holding public office for 10 years, the court should consider the moral implications of allowing a convicted individual to retain such a position.