Two lawyers cleared of misconduct

Jun 16, 2008

JOHN Matovu and Peter Kimanje-Nsibambi, both lawyers, were entitled to the sh500m that was awarded to them by High Court as costs in a case filed by the former Government employees, the lawyers’ disciplinary committee has ruled.

By Hillary Nsambu

JOHN Matovu and Peter Kimanje-Nsibambi, both lawyers, were entitled to the sh500m that was awarded to them by High Court as costs in a case filed by the former Government employees, the lawyers’ disciplinary committee has ruled.

The 6,339 people, who were retrenched in 1992, had petitioned the disciplinary committee of the Law Council, accusing Matovu, the former president of the Uganda Law Society, and his partner, Kimanje-Nsibambi, of failing to account for their money.

But the committee cleared the two lawyers, saying the money was theirs.

“Following their acquittal, the two lawyers will not be suspended as the prosecution had demanded,” the committee ruled on Friday.

“We have carefully perused the record of proceedings and we do not agree that the lawyers’ behaviour was or is unprofessional,” the committee ruled.

“We also find that they acted prudently and diligently as any reasonable advocate ought to have acted in the circumstances. They did not at all breach their clients’ trust as had been claimed by the complainants.”

The retrenchees claimed they instructed Matovu and Kimanje-Nsibambi to recover their pension, terminal benefits and costs estimated in billions of shillings against the State.

The committee heard that the retrenchees paid the lawyers sh90,000, although their leaders got sh20m from the advocates to run their office.

Later in a consent judgement with the Attorney General, court awarded among others, sh500m as taxed costs to the lawyers.

However, in 2001, the retrenchees petitioned the Law Council accusing the lawyers of refusing to pass to them the taxed costs, as had allegedly been agreed upon.

In the ruling, the disciplinary committee said under the Advocates Act, it was illegal to share the taxed costs with non-professional people.

The panel also agreed that the lawyers incurred all costs and charges in the suit, which the complainants were aware of.

The committee agreed with the lawyers that the complainants were only entitled to recover sh90,000, which they initially spent on the case, otherwise they should reimburse the sh20m, which they received from them (lawyers) to run their office.

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