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Lawyer petitions court over law council sh859m ban

By Andante Okanya

Added 3rd October 2016 12:29 PM

The ban implies that Kasirivu cannot appear in court as an Advocate.

Lawyer Yunus Kasirivu, who was struck off the roll of advocates and ordered to pay sh859.9m to a client, has petitioned court over the decision of the Law Council Disciplinary Committee(DC).

On August 25, Kasirivu filed the appeal at the civil division of the High Court in Kampala. The respondents are listed as Peter Baryakaijuka(client), Law Council, and Government’s chief legal advisor and representative; the Attorney General(AG).

On July 15, the Council pronounced that Kasirivu failed to remit sh187.4m recovered from loan defaulters.It cumulatively now stands at sh859.9m.The lawyer is the managing partner of  Kasirivu & Company Advocates.

The Disciplinary Committee(DC) of the Law Council, was chaired by John Kiwuuwa. The ban implies that Kasirivu cannot appear in court as an Advocate.

The DC ordered that both the legal fees and the client's money carry a 20% annual interest, running from November , 1999 till full payment. This implies that for 17 years, todate, Kasirivu has to pay a grand total of sh859.9m

But Kasirivu is aggrieved, and wants court to temporarily halt implementation of the DC decision, saying his appeal would be rendered useless.The appeal was filed through Rwakafuuzi & Company Advocates.

“There is immediate danger of the respondents executing the judgement unless an interim order is issued by the court pending the hearing of the application for stay of execution,” Kasirivu asserts.

Court is yet to schedule a hearing date.The Law Council and AG are yet to file responses.

Background

The complaint arose from Baryakaijuka, the managing director of Ibaka Group Credit Finance.

On November 13, 2008, Baryakaijuka filed his complaint, accusing Kasirivu of professional misconduct.

Documents show that in November 1999, Kasirivu was instructed to defend Ibaka Group in a case against 15 loan defaulters who had sued, claiming they were not indebted to the institution.

Evidence submitted to the DC indicates that for the years 1999 and 2000, Kasirivu did not possess a practicing certificate to entitle him execute duty as an enrolled advocate.

The DC observed that he never revealed the fact to the financial institution. Correspondence from the Chief Registrar Courts of Judicature, dated May 23, 2000. Showed that Kasirivu last obtained PC on August 7, 1997.

The organ observed that during the period of November up to April 7, 2000, Kasirivu received the monies from some of the defaulters.

The DC noted that Kasirivu did not appear at all the times he was summoned, which made them conclude that Ibaka Group's complaint was undisputed.

Records show that on December 12, 2008, Kasirivu was availed relevant documents on the complaint, and required to respond within two days.

On the hearing day of June 12, 2009 Baryakaijuka was present.

The DC pronounced that Kasirivu snubbed the committee on several occasions, including for 26 other complaints against him.

When New Vision checked at the court registry on Friday, the AG was yet to file a response.

Kasirivu was one of the defence lawyers in the July 11, 2010 terror trial.

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