Lawyer seeks removal of URA presidential advisor on corruption
Oct 31, 2024
“Being a convict of the Anti-Corruption Court, Kalemera is barred from holding any office in public office for 10 years. It is fair, equitable and in the interest of combating corruption that the application be allowed,” Mabirizi said.
Hassan Male Mabirizi. (File photo)
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A city lawyer has asked the Nakasero-based Anti-Corruption Court to order the head of Intelligence and strategic operations on Corruption at the Uganda Revenue Authority (URA) to step down from his position.
On October 30, 2024, Hassan Male Mabirizi petitioned the court to order the removal of David Kalemera from his position as Senior Presidential Advisor to the unit, saying that he should vacate the office because he is a convict.
“Being a convict of the Anti-Corruption Court, Kalemera is barred from holding any office in public office for 10 years. It is fair, equitable and in the interest of combating corruption that the application be allowed,” Mabirizi said.
According to Mabirizi, the Anti-Corruption Court’s decision by Justice Lawrence Gidudu was disregarded, and despite being a convict, Kalemera was appointed on July 5, 2024, to oversee URA operations and combat corruption within the tax administration system. The case has been filed against the Attorney General.
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.
Attorney General responds
However, principal state attorney, Harriet Nalukenge, representing the Attorney General, opposed the application, arguing that it is legally flawed as it violates the Civil Procedure Rules.
Nalukenge informed the court, presided over by Justice Jane Okuo Kajuga, that the application was filed on July 10, 2024, but only served on the Attorney General on October 15, 2024, rendering it stale.
“We have not received any extension of time for this application, and due to the failure to serve within the required 21 days, this application should be dismissed,” Nalukenge stated.
Nalukenge further contested the application, asserting that Mabirizi is not a party to the case and, as such, he cannot seek consequential orders from the court. She said the application has no merit.
The judgment and sentence that the applicant, Mabirizi, refers to have not been submitted to this court, and there is no confirmation that they were issued by this court. Furthermore, the applicant is not a party to this suit, and there is no valid cause of action being sought," Nalukenge said.
Justice Kajuga will deliver the ruling on today, October 31.