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Kampala, Uganda| AFP | THE INDEPENDENT | The High Court has dismissed a case in which the Deputy Registrar in charge of Research, Godfrey Kaweesa was challenging a decision by the Judicial Service Commission summoning him to take plea on charges of acting contrary to the Judicial Code of Conduct.
Early this year, Kaweesa, the Deputy Registrar of the Judicial Training Institute in Nakawa dragged the Attorney General to court challenging a decision by the Judicial Service Commission -JSC requiring him to take plea on charges of producing poor standard work and acting in contravention of the Judicial Code of conduct.
It is alleged that around 2018 Kaweesa had engaged in corruption tendencies while handling a civil case involving Global Wire Industries and Trident Infratech Limited. He also allegedly solicited and obtained 50 million Shillings from Indian Nationals Ramesh Halai, Dinesh Halai and Kara Ghanshayam, the owners of Trident Infratech Limited before granting them bail in a criminal matter.
Kaweesa the former President for the Uganda Judicial Officers Association, however, ran to court challenging the decision on grounds that there was no complaint upon which the proceedings before the commission were based and that he was served with a hearing notice not accompanied by a charge sheet.
He also argued that his matter had been forwarded to the Secretary to the Judiciary and Inspector of Courts and then to Judicial Service Commission by the Principal Judge without a report as required by law.
However, in his Judgement delivered on Monday, Justice Ssekaana of the Civil Division of High Court has ruled that Kaweesa’s application abused court process because he never followed the right procedures of filing for judicial review. He adds that Kaweesa should have waited for the outcome from the proceedings before the Commission.
“This would imply any person facing disciplinary proceedings could appear in the disciplinary committee and later in the middle of the proceedings run to High Court for review to restrain the committee”, said Ssekaana. He later dismissed the application with no order as to costs citing that he will not delve into the merits of the application as it may prejudice the parties in the final determination or an appeal at a later stage.
“Every litigant who approaches the court must come forward not only with clean hands but with a clean mind, clean heart and with a clear objective”, said Ssekaana.
The ruling by Ssekaana implies that the disciplinary proceedings before the Judicial Service Commission which had earlier been delayed due to the case can now proceed.
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