Tuesday, April 16, 2024

Trailblazers of Wealth: Kenya’s Five Most Influential Women in 2024

Kenya's economic landscape is distinguished not only...
HomeBusinessBankingUGANDA: INDEPENDENCE OF THE...

UGANDA: INDEPENDENCE OF THE JUDICIARY ON PUBLIC TRIAL IN THE HAM VS DTB CASE

By AllAfrica

“Based on the fact that non-tolerance of illegalities in all courts of law is the baseline of all legal structures and Judicial proceedings internationally, this case is a weighing scale on the independence of the Ugandan Judiciary.”

Can Kiryowa Kiwanuka’s political influence as current attorney general and Mr. Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records or this case is a beam of hope to all Ugandans as a solution to this cancer of the exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts? Is Kiryowa Kiwanuka being the attorney general and at the same time a partner in K & K advocates amounting to conflict of interest thus frustrating and compromising the independence of the Judiciary?

In any given society once politicians and public servants start financially competing with the private business community it compromises social-economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems and policies put in place to carry the nation forward.

Quick Facts to Note:

  • Diamond Trust Bank (DTB) unlawfully debited Ugx.120 Billions from Ham Enterprises (U) Limited accounts and admitted to committing illegalities at high court on court records when Mr. Kiryowa Kiwanuka told the court that DTB had no license to operate in Uganda and judgment was made in favor of ham enterprises at the high court for recovery of the debited monies from the bank.
  • The bank and its lawyers k&k advocates additionally at supreme court admitted failure of the Court of Appeal to address the substantial point of illegality in their submission of 5th November 2021.
  • On 11 November 2021 Ham filed an application stating that DTB had concurred with him that the Court of Appeal (COA) justices; Richard Buteera, Christopher Madrama, and Keneth Kakuma, did not address the issues of illegality contrary to the provisions of the financial institutions act on which grounds judgment was rightfully entered at high court.

Key Questions to Note:

  • Can the Ugandan Supreme Court Shield an Illegality contrary to the international baseline for judicial proceedings and legal structures? Are the Supreme Court  judges strong enough to administer justice and Uphold the Law.
  •  Can Kiryowa Kiwanuka’s political influence as the current Attorney General and Mr. Karugire’s Marital status Save Diamond Trust Bank from the illegalities committed and admitted on Court records?
  • Is Kiryowa Kiwanuka being the attorney general and at the same time a partner in K & K advocates amounting to conflict of interest and frustrating and compromising the independence of the Judiciary?
  • Can Diamond Trust Bank Escape the Law given our weak legal structures and policies as a nation.
  • Will this case serve Ugandans from the current exploitative poorly regulated banking system.

Court Convened on Friday May 5th, 2023 at 11:39 AM to re-institute a panel of Judges following the demise of  Justice Ruby Opio Aweri on December 7, 2022.

A panel composed of Justices: Alfonse Owiny-Dollo, Chief Justice of Uganda, Micheal Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota was selected to decide the case adopting the case court records including the November 11, 2021 Ham’s application for Judgment on admission by DTB and its Lawyers K&K advocates.

Case Background.

In March 2020, Ham filed a suit against DTB for recoveries of monies unlawfully debited in Excess of Ugx.120 Billion from its accounts.  the bank unlawfully and deceitfully withdrew these amounts over a spread period of 10 years in excess of all the companies liabilities to the bank on top of which Kirwowa Kiwanuka admitted on court records In September 2020,  that DTB Kenya did not have a license permitting it to conduct banking business in Uganda and neither did DTB Uganda have the authority to conduct agency business on behalf of DTB Kenya thereby contravening sections; 4 (1) and 117 of the Financial Institutions Act and the banking regulations.

On October 7, 2020 a judgment was entered in favor of Ham Enterprises (U) Limited at the high court by Hon Justice Henry Peter Adonyo.

Karugire and Kilyowa Kiwanuka using their political influence resultantly demoted and transferred the said judge immediately from the head of high court, commercial division  to Soroti. Now that the public has witnessed K & K advocates controlling judges and influencing judgements in their favor in so many cases, victimizing and subjecting Ugandans to unfair and unjust political waves that always frustrate justice using political positions undermining the legal procedures with total absolute impunity, can they Successfully, politically bulldoze the Supreme Court, or the law shall prevail?

Diamond Trust Bank admitted on court records by their submissions that they committed illegalities where they emphasized that;  “The Court of Appeal justices erred at law when they failed to address the Substantial point of illegality upon which judgment was rightfully entered at the high court specifically stating that: “The learned Justices were entitled to first deal with the grounds regarding the procedure adopted by the trial Judge in striking out the defendants’ pleadings and granting the impugned orders before dealing with the other grounds.

Ham’s grounds of appeal at the supreme court is that the justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled at High Court since DTB admits the same, Ham made an application for judgment on admission on the 23rd November 2021. Ham Enterprises (u)limited awaits judgment on court admission while DTB is stuck with the illegality as admitted both on court records from the high court and the admissions on court record in their submissions at the supreme court.

It was within these admissions in the bank’s submissions that they clearly stated that the appellant Judges never addressed the circumstances under which the Bank never sought the permission of the Bank of Uganda to carry out its business in Uganda as required hence violating sections; 4 (1) and 117 of the Financial Institutions Act.

Ham’s grounds of appeal at the supreme court is that the justices at the Court of Appeal failed to address the substantial issue of illegality as rightfully ruled at High Court since DTB admits the same, Ham made an application for judgment on admission on the 23rd November 2021.

Ham Enterprises (u)limited awaits judgment on court admission while DTB is stuck with the illegality as admitted both on court records from the high court and the admissions on court record in their submissions at the supreme court.

In our opinion, this case puts the Ugandan Judicial System and independence on Trial whether non-tolerance of illegalities as the baseline of all legal structures and Judicial proceedings in all courts of law throughout the world or its too weak to handle political pressure compromising all constitutional rights of Ugandans.

Can Kiryowa Kiwanuka’s political influence as current attorney general and Mr. Karugire’s Marital Status Save Diamond Trust Bank from the illegalities committed and admitted on Court records or this case is a beam of hope to all Ugandans as a solution to this cancer of exploitative foreign banks that unlawfully debit monies from Ugandans’ accounts? Is Kiryowa Kiwanuka being the attorney general and at the same time a partner in K & K advocates amounting to conflict of interest thus frustrating and compromising the independence of the Judiciary?

In any given society once politicians and public servants start financially competing with the private business community it compromises social-economic development and upward transformation of the society at large as they start using their positions to undermine all structures, systems, and policies put in place to carry the nation forward.

Follow us on Twitter. Send us a secure tip

- A word from our sponsors -

Most Popular

More from Author

Hamis Kiggundu’s new US$200 Million Hamz Stadium highlights his grit, ingenuity and patriotism

Hamis Kiggundu's transformation of Kampala's Nakivubo Stadium into the Hamz Stadium marks a significant achievement. Despite initial skepticism and challenges from local communities and sports enthusiasts, Kiggundu's determination and investment have resulted in a state-of-the-art sports facility. This development not only revitalizes downtown Kampala but also promises to boost Uganda's sporting and economic landscape.

Israel Forces Free Female Soldier Taken Hostage By Hamas

Israel Forces Free Female Soldier Taken Hostage By Hamas. A female soldier who was taken hostage in the October 7 Hamas attack on Israel was freed during a ground operation by Israeli forces, the Israel Defense Forces said Monday—marking the latest hostage to make it back to Israel as the war progresses.

Coby Brooks Net Worth

Coby Garrett Brooks (born May 17, 1969) is the former president and...

Ted Lerner Net Worth

Ted Lerner was an American businessman who had a net worth...

- A word from our sponsors -

Rising Icon of Sport: Kenya’s Talanta Stadium Set to Redefine African Athletics

Kenya's Pinnacle of Pride: Unveiling the Talanta Sports CityNAIROBI-KENYA | Amidst the bustling energy of Nairobi, a new landmark rises - the Talanta Sports City. A marvel of architecture that intertwines the spirit of Kenyan heritage with cutting-edge design, this stadium is poised to become a beacon...

Ethiopias’s Billionaire Elite: Unveiling the Top 10 Wealthiest Moguls in 2024

Ethiopia, known for its rich cultural heritage, is also home to some of the wealthiest individuals in Africa. These moguls have diversified their investments across various sectors including oil, mining, agriculture, and real estate, significantly contributing to the nation's economic development. Here's a look at the top...

Trailblazers of Wealth: Kenya’s Five Most Influential Women in 2024

Kenya's economic landscape is distinguished not only by its vibrant markets and industries but also by the formidable women who have risen to the top of these sectors. As of 2024, here is a detailed look at the five richest women in Kenya, highlighting their net worth,...

Somali’s Billionaire Elite: Unveiling the Top 10 Wealthiest Somali Moguls in Kenya in 2024

The Somali community in Kenya has produced some of the country's wealthiest and most influential business figures. Below is a list of the top 10 richest Somali individuals in Kenya, highlighting their estimated net worth and primary sources of wealth across various industries.RankNameTotal Net WorthAgeRegionSourceIndustry1Ismail Ahmed$1.6 billion58NairobiRemittanceFinancial...

Tanzania’s Billionaire Elite: Unveiling the Top 10 Wealthiest Moguls in 2024

Tanzania's economic landscape is shaped by a diverse group of individuals whose investments and business acumen have not only amassed considerable wealth but also significantly contributed to the country's development. Here's an overview of the top 10 richest people in Tanzania in 2024, detailing their estimated net...

Kenyas’s Billionaire Elite: Unveiling the Top 10 Wealthiest Moguls in 2024

In Kenya, a fascinating mix of entrepreneurship, inheritance, and investment has shaped the financial landscape, leading to the emergence of a select group of individuals whose wealth is noteworthy. Below is a table profiling the top 10 wealthiest moguls in Kenya in 2024, highlighting their net worth,...