Uganda Law Society (ULS) through its newly elected chairman Counsel Isaac Kimaze Ssemakadde has announced the expulsion of Attorney General Kiryowa Kiwanuka from his role as a representative on the ULS Council. The decision was formalised through Executive Order RNB No 1 of 2024, issued by the ULS President on 14th October 2024.
The order cites a series of concerns regarding the independence of the legal profession and the detrimental impact of the Attorney General and Solicitor General holding ex officio positions on the ULS Council. These concerns were first raised in the Prof Ssempebwa ULS Report (2012), which recommended the removal of these ex officio roles, describing them as “a colonial hangover, incompatible with the Radical New Bar’s autonomy.”
The ULS Executive Order highlights the erosion of public trust in the justice system and the growing disregard for the rule of law. According to the document, the ULS is acting decisively to safeguard the independence of the legal profession and restore public confidence.
“We have a duty to act decisively to safeguard the independence of the legal profession and to restore public confidence in the justice system,” the order states.
Kiryowa Kiwanuka is facing numerous allegations, including conflict of interest, abuse of office, and interference in the independence of the Judiciary. The Executive Order references several incidents, such as the Attorney General’s alleged involvement in causing a financial loss to the Government of Uganda. He is accused of facilitating compensation to claimants of land acquired for a national project, in direct violation of court decisions and a Cabinet order prohibiting compensation of encroachers.
Further, the ULS claims the Attorney General has shown “blatant disregard for judicial accountability,” citing instances of corruption and abuse of office. His role in advising the government to overturn court awards via cabinet decisions, bypassing legal processes, is highlighted as one of the key reasons for the decision to initiate a forensic investigation into his conduct.
One of the most significant charges against Kiryowa Kiwanuka is his decision to impose fees for accessing Ugandan laws digitally, a move the ULS describes as “unconstitutional” and a hindrance to justice. The order describes this as a practice “previously unthinkable, thus hindering access to justice and the rule of law.”
As a result, the Executive Order states that Kiryowa Kiwanuka “is no longer recognised as Head of the Bar and has no authority or competence whatsoever to act for or on behalf of or to represent the Uganda Bar.” However, he remains a member of the Uganda Law Society.
Source: Pulse Uganda