NEWS EDITOR

LAWYER Hassan K. Kiwanuka Male Mabirizi has finally moved in to block the appointment of John Rujoki Musinguzi as new Uganda Revenue Authority (URA) commissioner General.

He wants court to pronounce it’s self on the sacking of Ms. Doris Akol that it was null and void, President Museveni had no powers to appoint Rujoki.

Read also: https://www.newseditor.co.ug/2020/03/29/lawyer-male-mabirizi-takes-on-m7-appointing-musinguzi-for-ura-top-job-is-null-void-u-have-no-powers/

In the East African Court of Justice Reference No. 8 of 2020 Male H. Mabirizi K. Kiwanuka (applicant) v. Attorney General of The Republic of Uganda has been successfully lodged in the Court at Arusha using the latest Court technology. 

The applicant also seeks to annul all President Museveni’s speech orders made since March 18th 2020 in total disregard of Uganda laws, appointment of Byabashaija & Mwanje to head Prisons, Abodo as DPP, and  as members of The Leadership Code Tribunal.

“Also challenged is Chief Justice His Lordship Bart Katureebe’s closure of Courts due to Covid -19 pandemic and subjecting Courts to RDCs, deregistering of my case by Judge Andrew Bashaija that it compromises security and Parliament’s proceedings after closing out members of the Public.” Says Lawyer Mabirizi.

His petition also seeks for an order,  “To disband LDU militia, unconditional release of those arrested over President Museveni’s illegal speech orders, unconditional release of all vehicles impounded and damages to every Ugandan who has been arrested in the wake of these illegalities, among others.”

“Therefore, your applicant prays that this Honourable court issues an order nullifying all actions done by the persons appointed pursuant to the actions in paragraphs 3(7), 3(8), 3(9), 3(10) and 3(11) of this Statement of Reference. Issue an order that Ms. Doris Akol is the substantive holder of the office of Commissioner General, Uganda Revenue Authority and also issue an order disbanding the militia dubbed Local Defence Unit, among others.” Lawyer Male Mabirizi through the East African Court of Justice,

Vowed to make Attorney General the respondent sweat plasma.Mabirizi said, “Country men/women, consequences of breakdown of rule of law are worse than Coronavirus.” 

DETAILS: STATEMENT OF REFERENCE

(Under Articles 23(1), 27(1) & 30(1) of The Treaty for Establishment of The East African Community, Articles 7 & 54(1) of The Protocol on The Establishment of East African Community Common Market & Rule 25(1) of The East African Court of Justice Rules of The Court 2019) 

PARTICULARS & ADDRESS OF THE APPLICANT

The applicant, MALE H. MABIRIZI K. KIWANUKA, is a male adult, Ugandan  and of sound mind, a lawyer by training, businessman by choice and civically active Ugandan, resident in Kampala, Uganda whose address for purposes of this Reference shall be C/o Plot 35, Kampala Road, Post Office Building, 5th Floor, Room 501A, Telephone contact +256 787 263 086/+256 752 570 574, e- mail: malehmkk@gmail.com. Kampala, Uganda.

PARTICULARS & ADDRESS OF THE RESPONDENT

The respondent, THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA is a Constitutional office set up under Article 119 of the Constitution of The Republic of Uganda, a Partner state, with among others, a function to represent the Government of Uganda in court as well as in other legal proceedings whose address is The Republic of Uganda Ministry of Justice and Constitutional Affairs, Directorate of Civil Litigation, Bowman House, Parliament Avenue, Kampala.

THE SUBJECT/ALLEGATIONS OF THE REFERENCE

Your applicant alleges that the several actions, directives and/or decisions of The President, Prime Minister, Minister of Health, Uganda People’s Defence Forces, Uganda Police Force, Parliament, Chief Justice, Head of High Court Civil Division, The Permanent Secretary/Secretary to The Judiciary and Resident District Commissioners between Match 18th 2020 until such time when the situation normalizes purportedly termed as measures undertaken to combat and prevent the pandemic of Covid-19 (Corona Virus) and several appointments and approval of government officials within the same period were/are unlawful. And/or are infringements of the provisions of The Treaty for Establishment of The East African Community as well The Protocol on The Establishment of East African Community Common Market. 

In Particular: 

1) The actions of The President of The Republic of Uganda through the foregoing mere speech- orders broadcasted on all Television and Radio Stations in Uganda without complying with the procedures of declaring a State of Emergency and/or duly made Statutory Instruments/Orders in line with Uganda Public Health Act, Chapter 281 but ordered that they be enforced against the people of Uganda:

a.  Titled “ADDRESS TO THE NATION ON THE CORONA VIRUS (COVID 19) GUIDELINES  ON THE PREVENTIVE MEASURES 18TH MARCH, 2020 STATE HOUSE – ENTEBBE” which in effect:

i. Closed all the Educational Institutions;

ii. Suspended communal prayers in Mosques, Churches or in Stadia and other open air venues;

iii. Stopped all public political rallies, cultural gatherings or conferences;

iv. Banned Ugandans from moving to or through Italy, France, South Korea, China, USA, United Kingdom, Netherlands, Switzerland, Sweden, Belgium, Germany, Spain, Norway Austria, Malaysia, Pakistan and San Marino;

v. Required returning Ugandans to undergo mandatory quarantine, at their cost, for 14 days at a venue identified by the Ministry of Health;

vi. Banned normal weddings exempting those attended by ‘the actual stakeholders, accompanied by a few people’;

vii. Restricted burials to a few people ─ the concerned homestead;

viii. Suspended monthly or weekly cattle auction and food markets; 

ix. Suspended discos, dances, bars, sports, music shows, cinemas and concerts;

b. Titled “Address on COVID-19 virus and additional guidelines on preventive measures.” dated 22nd March 2020 which:

i. Prohibited all in-coming passengers whether by air, land or water. 

ii. Prohibited any person, Ugandan or otherwise from entering Uganda by land or water.

iii.  Directed Local Council Is in the border regions to work with the security forces to report and promptly confine anybody who comes in from the neighbouring countries.

c. Titled “Address on COVID-19 virus and additional guidelines on preventive measures” dated 25th March 2020 in which he: 

i. With immediate effect suspended public transport for 14 days – taxis, coasters, minibuses, buses, all passenger trains, tukutukus (tricycles) and boda bodas carrying passengers. 

ii. Restricted the number of people travelling in private vehicles to not more than three passengers, including the driver, at any single time. 

iii. Prohibited trucks (lorries) delivering cargo, delivery vans, and pick-ups delivering essential commodities and food from being used to ferry passengers. 

iv. With immediate effect, restricted markets only to be used for sale of foodstuffs like matooke, sweet potatoes, cassava, rice, beans, cowpeas, beef, chicken, vegetables, etc and immediately suspended Trading of non-food items like clothes, necklaces, phones, sandals, shoes, etc. in the markets.

d. Titled “More guidelines on COVID19, preventive measures and the need for a shutdown” dated 30th March 2020, communicated at about 9:00PM in which he:

i. Prohibited all people to people movement by everybody including those using their private vehicles, bodabodas, tuk-tuks, etc with the ban on privately owned passenger vehicles to take effect from 2200 hours (Ten O’clock) of the same day with general freezing of movement to last 14 days from the 1st of April, 2020.

ii. Suspended operations of shopping malls, arcades, hardware shops, which sell non-food items for 14 days starting with 1st of April, 2020.

iii. Closed all the non-food shops (stores).  

iv. Ordered that the sellers in food markets must not go home during the 14 days but instead arrange to stay nearby for that duration.

v. Shut down Saloons, Lodges and garages for 14 days from the 1st of April, 2020.

vi. Ordered factory owners to arrange for the crucial employees to camp around the factory area for the 14 days or else suspend production for 14 days.

vii. Ordered Construction sites to encamp their workers for 14 days or   suspend construction for the 14 days.

viii. Ordered all businesses, Diplomatic, Civil Society and government offices and businesses to close except essential services which he classified as the medical, agriculture and veterinary, telecommunication, door-to-door delivery, financial institutions, all media, Private Security companies, cleaning services, garbage collection, fire-brigade, fuel stations, water departments and some Kampala Capital City Authority staff and Uganda Revenue Authority  and that all others must get a special exemption from the Resident District Commissioner with the concurrence of the District Medical Officer.

ix. Prohibited Gatherings of more than 5 persons.

x. Declared a curfew throughout the whole of Uganda starting with the 31st of March, 2020, at 1900 hours except for cargo planes, lorries, pick-ups and trains.

xi. Ordered Government workers to stay at home for the 14 days, except for the Army, the Police, the Health workers, the Electricity, Water and Telephone workers.

xii. Prohibited any other person or body other than government from distributing food to starving Ugandans during the period starting on 30th March 2020 stating that whoever does so shall have committed a crime of attempted murder.

2) The actions of The Chief Justice of The Republic of Uganda and The Permanent Secretary/Secretary to The Judiciary to restrict access to Uganda Courts on the basis of The above several speeches by The President;

3) The action of The Head of Uganda High Court Civil Division to de-register Misc. Cause No. 70 of 2020 challenging the speech of 18th March 2020 on account of the case compromising Security and Public Health, without allocating it or even hearing from the applicant;

4) The actions of Uganda People’s Defence Forces and Uganda Police to work with a militia dubbed Local Defence Unit, which is not set up under the Uganda Constitution, from 18th March 2020 for purposes of enforcing the said speeches;

5) The actions of Uganda Defence Forces to fill the streets and areas of Uganda to police Ugandans in enforcement of the above speeches;

6) The actions of Uganda People’s Defence Forces, Uganda Police and the militia dubbed Local Defence Unit to adopt a method of flogging Ugandans with big sticks in enforcing the above said speeches;

7) The action of the President to terminate Ms. Doris Akol from the position of Commissioner General, Uganda Revenue Authority during the period after 18th March 2020 and without consultations from the Board; 

8) The action of Uganda President to appoint Mr. John Musinguzi Rujoki as Commissioner General, Uganda Revenue Authority during the period after 18th March 2020 and without recommendation of the Uganda Revenue Authority Board;

9) The action of the President to appoint and parliament to invite for approval of;

a. Can. Dr. Johnson O.R Byabashaija and Mr. James Mwanje as Commissioner General & Deputy Commissioner General of Prisons, respectively;

b. Dr. Michael Atingi-Ego as Deputy Governor Bank of Uganda;

c. Judge Jane Frances Abodo as Director of Public Prosecutions;

d. Ms. Karugonjo Segawa Irene, Mr. Kiyingi Asuman, Ms. Okelowange Jane, Mr. Bakunzi Didas Mufasha and Ms. Joyce Nalunga Birimumaaso as members of The Leadership Code Tribunal;

During the period when the country is in a lock down with citizens incapable of challenging the respective appointments in Parliament.

10) The action of The President to appoint a sitting Judge of the High Court of Uganda, Jane Frances Abodo as Director of Public Prosecutions without requiring her to relinquish her position as a Judge;

11) The action of The President to appoint a sitting Judge of the High Court of Uganda, Jane Frances Abodo as Director of Public Prosecution without the recommendation of The Uganda Public Service Commission; 

are unlawful and infringements on the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance  of universally accepted standards of human rights.

12) The action of The President to close borders with Kenya, Tanzania, Rwanda and South Sudan, which are partner states in the Community without notifying them and without complying with Uganda Public Health Act was in contravention of the principle of free movement of persons enshrined in The Protocol on The Establishment of East African Community Common Market.

13) The action of Uganda Parliament to prohibit members of the public from accessing the Parliament on account of the Speech- orders by the President presented as measures to combat Covid-19.

SUMMARY OF THE POINTS OF LAW ON WHICH THE APPLICATION IS BASED 

Your Applicant States that:

1) Article 7(5-6) of The Protocol on The Establishment of East African Community Common Market provides that The  free  movement  of  persons  shall  be  subject  to  limitations  imposed  by  the  host  Partner  State  on  grounds  of  public  policy,  public  security  or  public  health. A Partner State imposing a limitation under paragraph 5, shall notify the other Partner States accordingly.

2) As a mandatory requirement enshrined under Articles 6(d) and 7(2) of The Treaty for Establishment of The East African Community, The Republic of Uganda, a partner state of the Community, is obliged and mandated to abide by, apply and uphold the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and the maintenance  of universally accepted standards of human rights.

3) Pursuant to the above obligation and Duty, The Republic of Uganda has maintained its Constitution entitled the Uganda 1995 Constitution under which;

(a) the people of Uganda in the Preamble recall their history which has been characterised by political and constitutional instability, recognize their  struggles against the forces of tyranny, oppression and exploitation, express commitment  to building a better future by establishing a socioeconomic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress, speak to exercise of their sovereign and inalienable right to determine the form of governance for their country, and after stating that they had fully participated in the Constitution-making process, adopted, enacted and gave to themselves and their posterity, the Constitution of the Republic of Uganda, on 22/09/1995,  

(b) paragraph 2(i) of The National Objectives and Directive Principles of State Policy provides that The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance,

(c) article 1 clearly places the sovereign authority of Uganda in the people and states that power belongs to the people who exercise it in accordance with the constitution who are to only be governed by their consent and in accordance with the constitution,

(d) article 2 provides for the supremacy of the constitution which binds all persons and organs in Uganda and anything contrary to it is declared null and void,

(e) article 3(2) provides that any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law,

(f) article 3(3) places a right and duty upon all citizens of Uganda at all times to defend the Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and to do all in their power to restore the Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions,

(g) article 8A obliges the Uganda state and government to govern Uganda in line with National Objectives and Directive Principles of State policy,

(h) article 20 provides that Fundamental rights and freedoms of the individual are inherent and not granted by the State and that The rights and freedoms of the individual and groups enshrined in Chapter Four shall be respected, upheld and promoted by all organs and agencies of Government and by all persons,

(i) article 24 provides that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment,

(j) article 28(1) requires that in the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law,

(k) article 43(2) provides that public interest shall not permit political persecution,  detention without trial and any limitation of the enjoyment of the rights and freedoms prescribed by Chapter four of the Constitution beyond what is acceptable and demonstrably justifiable in a free and democratic society, or what is provided in the Constitution,

(l) article 44 protect the freedom from torture and cruel, inhuman or degrading treatment or punishment, freedom from slavery and servitude, the right to fair hearing and the right to a writ of habeus corpus from being derogated in any circumstances,

(m) article 99(3) provides that It shall be the duty of the President to abide by, uphold and safeguard this Constitution and the laws of Uganda and to promote the welfare of the citizens,

(n) article 110(3) provides that The President shall cause the proclamation declaring the state of emergency to be laid before Parliament for approval as soon as practicable and in any case not later than fourteen days after it was issued,

(o) article 120(1) provides that There shall be a Director of Public Prosecutions appointed by the President on the recommendation of the Public Service Commission and with the approval of Parliament,

(p) states that article 120(3) The functions of the Director of Public Prosecutions are the following— to direct the police to investigate any information of a criminal nature and to report to him or her expeditiously; to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial, 

(q) article120(6) states that In the exercise of the functions conferred on him or her by this article, the Director of Public Prosecutions shall not be subject to the direction or control of any person or authority,

(r) article 161 sets up the Bank of Uganda as the Central Bank with article 161(3)(a) providing that The governor, the deputy governor and all other members of the board shall— be appointed by the President with the approval of Parliament,

(s) article 126(1) provides that Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people,

(t) article 128(1) & (2) provides that in the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authority and that no person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions,

(u) article 133(1) states that The Chief Justice— shall be the head of the judiciary and shall be responsible for the administration and supervision of all courts in Uganda; and may issue orders and directions to the courts necessary for the proper and efficient administration of justice. 

(v) article 139(1) provides that The High Court shall, subject to the provisions of this Constitution, have unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by this Constitution or other law,

(w) article 208(2) inter alia provides that the Uganda Peoples Defence Forces shall be a disciplined, non-partisan and subordinate to civilian authority,

(x) article 208(4) provides that No person shall raise an armed force except in accordance with this Constitution.”

(y) article 209 sets out the functions of the Uganda Peoples Defence Forces major of which is to protect the territorial integrity of Uganda,

(z) article 211(3) inter alia provides that the Uganda Police Force shall be a disciplined, non-partisan and professional,

(aa) article 212 sets out the functions of the Uganda Police Force as protecting life and property, preserving law and order, prevent and detect crime and to cooperate with civilian authority,

(bb) article 213(3) provides that The Uganda Police Force shall be under the command of the Inspector General of Police who shall be assisted by the Deputy Inspector General of Police in the performance of his or her functions. 

(cc) article 221 provides that it shall be the duty of the Uganda Peoples’ Defence Forces and any other armed force established in Uganda, the Uganda Police Force and any other police force, the Uganda Prisons Service, all intelligence services and the National Security Council to observe and respect human rights and freedoms in the performance of their functions, 

(dd) article 235(a) provides that There shall be a Leadership Code Tribunal whose composition, jurisdiction and functions shall be prescribed by Parliament by law. 

4) Uganda has its Public Health Act, Cap. 281 which provides:

(a) In section 27 that The Minister may make rules applicable to all infectious diseases or only to such infectious diseases as may be specified in the rules.

(b) Section 29 that Whenever any part of Uganda appears to be threatened by any disease described in section 28, the Minister may by statutory order declare the part an infected area and may make rules for all or any of the following purposes specified therein.

(c) Section 36(1) that For the purpose of preventing the introduction of infectious disease into Uganda the Minister may by statutory order— regulate, restrict or prohibit the entry into Uganda or any part of Uganda of any person or of persons of any specified class or description or from any specified country, locality or area; regulate, restrict or prohibit the introduction into Uganda or any specified part of Uganda of any animal, article or thing; impose requirements or conditions as regards the medical examination, detention, quarantine, disinfection, vaccination, isolation or medical surveillance or otherwise of persons entering, or the examination, detention or disinfection or otherwise of such persons as aforesaid or of articles or things introduced into Uganda or any part of Uganda.

(d) In Section 36(2) that Any person who contravenes an order made under subsection (1) commits an offence and is liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment. 

5). Uganda enacted The Judicature Act, Chapter 13, Laws of Uganda which provides under;

(a) section 14(1) that The High Court shall, subject to the Constitution, have unlimited original jurisdiction in all matters and such appellate and other jurisdiction as may be conferred on it by the Constitution or this Act or any other law, 

(b) section 36(1) that The High Court may make an order, as the case may be, of—mandamus, requiring any act to be done; prohibition, prohibiting any proceedings or matter; or certiorari, removing any proceedings or matter to the High Court,

(c) section 38(1) provides that The High Court shall have power to grant an injunction to restrain any person from doing any act as may be specified by the High Court. 

6) Uganda also enacted Uganda Revenue Authority Act, Cap. 196 which provides;

(a) section 9(1) provides that The Minister shall appoint a Commissioner General of the authority on the recommendation of the board and on the terms and conditions to be specified in the instrument of appointment. 

(b) section 9(4) that The Minister may, after consultation with the board, terminate the appointment of the Commissioner General for— misbehaviour; the Commissioner General’s inability to perform the functions of his or her office; or any other sufficient cause. 

7) Uganda enacted Section 19C of The Leadership Code Act, as amended in 2017 which provides that The Chairperson, Deputy Chairperson and the other members of the Tribunal shall be appointed by the President, acting on the advice of the Judicial Service Commission and with the approval of Parliament.

8) The Uganda Rules of Procedure of Parliament provides under;

(a) Rule 162(2) provides that The Proceedings of the Appointments Committee shall be closed,

(b) Rule 165(8) that A person whose name has been submitted to the Committee for approval shall be given the opportunity by the Committee to answer before it any adverse statements made against him or her to the Committee and shall be availed all necessary documents for that purpose.

(c) Paragraph 3(d) of The Code of Conduct of Uganda Members of Parliament, Appendix F to Parliament Rules of Procedure states that Members are accountable for their decisions and actions to the electorate and must submit themselves to whatever scrutiny is appropriate;

9) The Uganda Rules Committee made The Judicial Review Rules, 2009 as emended in 2019 providing in Rule 6(1) that In any criminal or civil cause or matter, an application for judicial review shall be made by notice of motion in the form specified in the Schedule to these Rules.

10) Your applicant states that in carrying out the actions and decisions complained against, the President, Parliament, The Chief Justice, The Head of High Court Civil Division, The Permanent Secretary/Secretary to The Judiciary, Uganda People’s Defence Forces, Uganda Police and other Uganda government officials and agencies contravened, neglected and flouted the publicly made laws of Uganda stated in this Reference.

11) The applicant states that he is empowered under Article 30 of The Treaty for Establishment of The East African Community to refer for determination by the Court, the legality of any Act, regulation, directive, decision or action of a Partner State or an institution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or is an infringement of the provisions of the Treaty.

THE APPLICANT’S EVIDENCE 

The applicant’s evidence will among others contain the applicant’s 1st affidavit in support of this reference and such evidence as may be adduced by parties at the hearing of the Reference.

THE RELIEFS SOUGHT BY THE APPLICANT

Therefore, your applicant prays that court:

1) Makes declarations that that the actions elaborated in paragraphs 3(1)-(11) of this Statement of Reference are unlawful and infringements on the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights hence null and void.

2) Makes a declaration that the actions and decisions elaborated in paragraph 3(12) of this Statement of Reference were in contravention of the principle of free movement of persons enshrined in The Protocol on The Establishment of East African Community Common Market.

3) Issues an order annulling The Appointment and/or approval of the persons named in paragraphs 3(7), 3(8), 3(9), 3(10) and 3(11) of this Statement of Reference and accordingly declare their respective positions vacant save for that in paragraph 3(8).

4) Issues an order nullifying all actions done by the persons appointed pursuant to the actions in paragraphs 3(7), 3(8), 3(9), 3(10) and 3(11) of this Statement of Reference.

5) Issues an order that Ms. Doris Akol is the substantive holder of the office of Commissioner General, Uganda Revenue Authority.

6) Issues an order disbanding the militia dubbed Local Defence Unit.

7) Issues an order nullifying all steps, actions and decisions made by Uganda Government as a result of the actions and decisions elaborated in paragraph 3 of this Statement of Reference.

8) Issues an order nullifying all the proceedings, processes, decisions and actions taken by Uganda Parliament when the Public was denied access to Parliament pursuant to the steps taken in paragraph 3(13) of this Statement of Reference.

9) Issues an order nullifying arrests, criminal charges and prosecutions arising from the actions complained against in this Reference.

10) Issues an order for an unconditional release of all persons arrested, charged and arraigned before the Courts throughout Uganda on account of alleged disobedience of the speech- orders complained against in this Reference.

11) Issues an order for unconditional release of motor vehicles and motor cycles of people throughout Uganda confiscated/impounded by Uganda Police, military and the militia dubbed Local Defence Unit for allegedly disobeying the speech- orders complained against in this Reference.

12) Awards general damages to the applicant due to disturbance and anguish caused to the applicant arising out of the actions, decisions and directives complained against in this Reference.

13) Awards a standard figure of general damages to each Ugandan flogged, arrested, charged, prosecuted and/or convicted out of the actions, decisions and directives complained against in this Reference.

14) Awards costs of the Reference to the applicant.

15) Awards an interest of 6% per annum on the general damages and costs awarded to the applicant from the time of filing this Reference till payment in full.

16) Awards an interest of 6% per annum on the damages awarded to each Ugandan flogged, arrested, charged, prosecuted and/or convicted out of the actions, decisions and directives complained against in this Reference. 

REPRESENTATION OF THE APPLICANT

At the filing of the Reference, the applicant is acting for himself and will appear in person at hearing of The Reference.

Dated and Signed at Kampala this 3rd day of April 2020 by Male H. Mabirizi K. Kiwanuka.

1ST AFFIDAVIT IN SUPPORT OF THE REFERENCE

I, MALE H. MABIRIZI K.KIWANUKA, of C/o Plot 35, Kampala Road, Post  Office Building, 5th Floor, Room 501A, Tel +256 787 263 086/+256 752 570 574, e- mail: malehmkk@gmail.com.  Kampala, Uganda, do affirm on oath and state as follows:

1. THAT I am a male adult Ugandan of Sound mind, a resident of Kampala, Uganda, a lawyer by profession, having graduated at Makerere University in 2012 with a Bachelor of Laws (Honours) degree and the applicant in this Reference.
2. THAT I am also a civically active Ugandan who has been closely following the constitutional, Human Rights and Rule of law trends in my country, Uganda ever since my secondary school.