Principal Judge Warns Those Frustrating Fight Against Corruption

1078 Views Kampala, Uganda

In short
In his general circular dated December 22, Justice Bamwine reveals that the civil servants and other litigants are getting a soft landing in court as they easily obtain injunctive orders to stop the IGG or DPP from prosecuting them and the Auditor General and the Police from investigating them.

Principal Judge Yorokamu Bamwine has cautioned judicial officers to desist from entertaining injunctive orders filed by civil servants and other court litigants who are devising new tricks of obtaining injunctive orders to frustrate the fight against corruption.
 
In his general circular dated December 22, Justice Bamwine reveals that the civil servants and other litigants are getting a soft landing in court as they easily obtain injunctive orders to stop the IGG or DPP from prosecuting them and the Auditor General and the Police from investigating them.
 
He cites some examples like employees securing injunctive orders to stop their employers from interdicting them for malpractice detected at their work place in order to pave way for disciplinary actions under their service regulations.
 
The other example that the Principal judge cited is that suspects secure injunctive orders from civil courts to stop the IGG and the police from investigating them which they consider contrary not only to the law but to the public policy as well.
 
"In a nutshell, it is believed that most applications are filed in bad faith in a bid to frustrate the fight against corruption and graft in state institutions," reads Dr Bamwine's general circular in part.
 
Explaining the motive why the need to stiffen judicial safeguards, Dr Bamwine noted that during his chat with various stakeholders like the DPP, Police, IGG and Auditor General, they lamented about the new wave of tactics being employed by court litigants who obtain injunctive orders to block them from fighting corruption.
 
To that effect, Justice Bamwine says that because of this new wave of frequent injunctive orders, the Executive arm of government is becoming uncomfortable with them.
 
He has also revealed that he is considering setting up a specialised division of the high court called the Judicial Review Division to deal with judicial review cases and that in the meantime, the judicial review rules 2009 should apply.