Kasango, lawyers want judge out of case

Court was treated to dramatic scenes when Anti-corruption court Judge Margaret Tibulya rejected pleas of an adjournment in a case where city lawyer, Bob Kasango and three former employees of the ministry of public service, are accused of stealing sh15.4b.

It is alleged that in 2012, the money was paid to the Kasango's defunct law firm, Hall and Partners, as legal fees, by Jimmy Lwamafa, the Permanent Secretary, Christopher Obey, Principal Accountant and Stephen Kiwanuka Kunsa, commissioner pensions, all at the ministry of Public service, yet the money was meant for payment of pensions and gratuity.

It is also alleged that with the help of Milton Mutegeyi, a court clerk, Kasango forged a certificate of order against government for the payment of the money.

The payment was in regard to a civil suit that was instituted by 6337 retrenched civil servants against government in 1998 for delayed payment of their pension. The matter came up for hearing before Justice Kibuuka Musoke but was never concluded.

This morning as Kasango, his co-accused and their lawyers appeared in court for the maiden hearing of the case, in what seemed like a well-orchestrated mutiny, the lawyers first applied for an adjournment on grounds that they have not prepared well enough for the hearing.

When the judge declined to grant the request, Kasango, though having a lawyer, stood up despite protests from the judge and asked her to step down from the case, arguing that she is biased against him.

"My application has a history. When I appeared before you at the first hearing of this case, I appeared with an honest belief of appearing before an impartial and independent judge. That morning I asked to make an application but before you could even hear or know what I was going to say, you made a rude exclamation (arrrggh…..what do you want to say now!!!) and denied me a chance to speak," he told the judge.

"You have repeated the same thing now with the same attitude by trying to shut me down," he added.

Kasango told court that his woes started in 2007, when he was acting as a defence lawyer at Buganda Road Court where Tibulya was the Chief Magistrate, in a case involving her relative.

He said that on that morning, they had a heated exchange which prompted him to walk out of court. The ruling was finally made in the relative's favour, something he appealed and the appellate court later ruled in his favor.

"I had come with a belief that the years gone by have made the events of that day history. But your conduct then and now show that you are biased. Justice must not only be done but must seem to be done," he said.

Appearing overly confident, Kasango accused Tibulya of always frowning when he raises his hand to say something and trying to shut him down.

"I have strong feelings that events that transpired between us have never been resolved in the view of your conduct and treatment towards me. To you my rights are speculative," he told Tibulya who quietly took notes while avoiding his accusing stare.

"What your conduct has shown is a sharpened sense of injustice and I pray that you do the honourable thing of stepping down from this case," he concluded.

Before Tibulya could recover from the barrage of accusations, Lawyers Nsubuga Mubiru and Nathan Osinde, rose up and asked to be allowed to excuse themselves from the case, if she maintains that the hearing commences.

This was followed by other lawyers, John Isabirye, Marshal Alenyo and Rajab Arinaitwe also followed suit and demanded that either she summons Lwamafa's lawyer, who is absent, or they withdraw from representing all their clients.

Attempts by the state to respond to some of the accusations did little to save the situation.