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M7 CHALLENGED: LAWYER MALE MABIRIZI RUNS TO EAST AFRICAN COURT OF JUSTICE TO BLOCK RUJOKI’S APPOINTMENT AS NEW URA BOSS

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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.

KIND-HEARTED: TYCOON HAMIS KIGGUNDU ANSWERS M7’S CALL, GIVES GOV’T 100M TO FEED THE HUNGRY DURING LOCKDOWN

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NEWS EDITOR

LOCAL investor Hamis Kiggundu, owner of Ham Enterprises (U) Ltd, Ham International UK Ltd in the United Kingdom, Ham International Ltd in the US and Skylight Investments in South Africa is indeed a good hearted man! 

In response to Preasident Museveni’s appeal to different organisations to join government and feed the needy during this Covid-19 lockdown, this youngest tycoon in Uganda has handed to Prime Minister Rt. Hon. Ruhakana Rugunda UGX 100M to buy food, soap and other basic necessities to bail out people who don’t have what to eat.

CASH: Hamis Kiggundu hands over 100M to Prime minister Rugunda.

Handing over UGX 100M to Dr. Rugunda in the presence of NRM ruling Party Secretary General Rt. Hon. Justine Kasule Lumumba and other political leaders at a function held at Prime ministe’s office, 35 years old powerful businessman Hamis Kiggundu said, “I have come to answer the appeal of H.E the President of buying food for our brothers and sisters, for the elderly who don’t have what to eat yet they are supposed to stay in their homes as we all fight Covid 19 pandemic. Sir, receive UGX 100M in cash to buy them food and other basic necessities.”

A happy looking Prime minister Rugunda thanked Tycoon Hamis Kiggundu for being an exemplary local investor and called upon others to be like this youngman. 

Speaking to The News Editor Online Dr. Rugunda who heads Covid-19 Task force said, “As Uganda government, we salute City businessman Hamis Kiggundu for being a selfless citizen. He has joined the government in feeding Ugandans. He is a very good man and his type is rare to find. Let others act like him if we are to defeat Corona virus.”

Hamis, through Ham Foundation has been very instrumental in fighting Covid-19.

Hamis Kiggundu On front line against Covid 19

He recently posted on his facebook page that: End Coronavirus, join the ‘collective national effort’ and stay at home to stay safe. When cleaning use your usual household products, like detergents & bleach, as these will be effective at getting rid of the virus on surfaces. Clean frequently touched surfaces such as handles, handrails, remote controls &  table tops. May Allah bless us, our Motherland Uganda, Humanity and the World at large.

A reknown generous youngman, a few days ago, Haji Hamis Kiggundu under his charity organisation Ham Foundation donated Bicycles, Qurans and Prayer Mats to all the Masaka Greater district Sheiks and Imams at Masaka golf course.

MAN OF HIS WORD: Bicycles, Qurans and Prayer Mats donated by Haji Hamis Kiggundu in Masaka.

Early this year, Hamis Kiggundu was hosted by Kabaka Ronald Muwenda Mutebi II at Hana International School Uganda, during the closure of Ekisakaate 2020.

Ham addressed Kabaka Mutebi, Nabagereka Sylivia Nagginda, Premier Charles Peter Mayiga and over 3000 delegates who attended this mega function. Thismagnificent school is owned by Kiggundu family.

Hamis Kiggundu (left) taking His Majesty Kabaka through his experience in business. Nabagereka and Katikkiro Mayiga were in attendance

Kabaka and Ham later had a one on one discussion. 

To starters, this youngest billionaire wrote a motivational book of the year entitled: ‘SUCCESS AND FAILURE BASED ON REASON AND REALITY’. A book full of realistic ideas about business and development. 

Unlike other successful tycoons, Hamis Kiggundu decided to share his personal experience in his book. It was recently adopted into the National Curriculum by the National Curriculum Development Centre.

Ham is the owner of a number of commecial buildings in Kampala like Ham Shopping  mall, he is also putting up a state-of-the art stadium at Nakivubo.

He is a very approchable, humble and down to earth youngman. 

‘I AM TIRED OF ANSWERING QUESTIONS ON YOUR BEHALF’, KMP KAFEERO ORDERS ARREST OF POLICE COMMANDERS WHO CLEAR PRIVATE CARS IN LOCKDOWN

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NEWS EDITOR

AS President Museveni is expected to address the Nation today over Covid-19 update, Kampala Metropolitan Police Commander (KMP) CP Moses Kafeero has ordered Regional Police Commanders (RPCs) under his area of command to arrest incompent commanders who give way to unauthorised private vehicles during this lockdown!

In a tough message posted on Metropolitan Commanders forum, KMP Moses Kafeero has said, some commanders are likely to lose jobs and be arrested over their negligence due Covid-19 mismanagement.

KMP Kafeero to police commanders: “RPCs arrest any commander where a private vehicle is seen moving in his/her AOR (Area of operation).  H.E the President was very clear (unless the private vehicle is carrying a medical emergency).”

“If a private vehicle is seen moving in an area, the area commander will have to be arrested. Enough is enough. Why do you allow them? We have warned you enough. I can not keep answering questions on your behalf.” Said KMP Kafeero.

He says, the letters of RCCs, RPCs and Deputy RCCs unless they are for medical emergency and that person is in the car, the rest must be ignored and vehicles that do not adhere should be impounded.

“Other cars allowed to move are  vehicles with stickers from ministry of Works and then security vehicles with command. Some people will lose jobs due to Covid-19 mismanagement.” Warns Kafeero.

KMP Moses Kafeero’s message

In operations carried out yesterday within Kampala, a number of private vehicles were impounded, officers were not listening to any one whatever your position, without an official sticker from the ministry of works.

Company cars with office stickers, we are reliably informed, will not be allowed to move.

This comes after H.E the President directed that all private vehicles are banned, following suspension of public transport.

WHAT IS WAS THE PRESIDENTIAL DIRECTIVES ON PRIVATE VEHICLES

The President said: I prohibit all people to people movement by everybody including those using their private vehicles, bodabodas, tuk-tuks, etc. 

Why? Two reasons: (1) some private car owners have turned their cars into taxis, transporting the two people we had permitted, assuming that they would be members of one’s family, when in fact they were passengers being charged the exorbitant fare of shillings 50,000/- from Kampala to Jinja. 

Hence, the problem we were trying to cure of allowing the mixing of people from different sources was not being addressed. Instead, it was taking new forms. 

The people with private cars were now the new public transporters without licences and facilitating the dangerous mixing in the process. 

(2) More importantly, even if the private car owners had been disciplined and only moved around with only the 2 members of their families, still that movement would be dangerous because we do not know who has the virus now and who does not, given the penetration of the imported cases into the society, short-lived though it may have been.

GO HOME: KENYA RELEASES 4800 PRISONERS TO DECONGEST PRISONS OVER CORONAVIRUS

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BY TONNY NDUGU For Citizen Digital

The National Council on the Administration of Justice (NCAJ) after multi-agency consultations has resolved to release 4800 prisoners who are serving time for petty offences.

The decision was informed by the need to decongest Kenyan prisons in light of the coronavirus outbreak in the country.

In a statement sent out to the media, NCAJ however noted that new prisoners are being isolated for the requisite 14 days.

This is in strict adherence to the safety measures put in place by the National Emergency Response Committee on coronavirus as regards to social distancing.

Movement of prisoners has also been strictly restricted with NCAJ adding that all prison visits have been suspended.

The prison workforce has also been reduced to a bare minimum and visits to staff quarters also suspended to avert the spread of the COVID-19 disease.

The latest comes a day after Kenya confirmed an additional 22 cases of the new coronavirus, bringing the total number of infections to 81.

Health CS Mutahi Kagwe said on Wednesday that 21 out of the 22 cases were people currently in mandatory quarantine.

“We have tested over 300 Kenyans and out of those 22 have tested positive. This is the largest number we have received in a day,” he said.

According to the CS, the new cases are 18 Kenyans, two Pakistanis and two Cameroon nationals.

He further revealed that 13 of the cases are males and 9 are females: one of them is a patient admitted to Mombasa Hospital.

“That tells you importance of exercise we have been carrying out because they would have infected other people,” Kagwe said.

CS Kagwe urged Kenyans to adhere to the stringent measures imposed by government but clarified that food trucks are allowed to move as are vehicles ferrying food across the border.

“What we are stopping is meetings that are against social distancing,” he said.

The Government announced a 7pm to 5am curfew that took effect on March 27. It prohibits public gatherings and processions during the curfew.

Police IG Hilary Mutyambai said any person who violates the curfew commits an offence and will be arrested and charged in a court of law.

KENYA’S TWO CORONAVIRUS PATIENTS SPEAK OUT AFTER 23-DAY QUARANTINE

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CITIZEN DIGITAL

 Published on:  April 1, 2020 12:57 (EAT)

TWO of Kenya’s coronavirus patients who recovered from the COVID-19 disease have spoken to the public for the first time since leaving the Mbagathi District Hospital isolation centre.

In a televised address, the two patients updated President Uhuru Kenyatta via a Skype link on their triumphant experience.

Brenda, the first Kenyan patient believes she contracted the virus in London while returning to Kenya from the United States.

She explained that she had read about the Mbagathi Hospital Isolation centre while still in Ohio which prompted her to report to the facility after experiencing coronavirus-like symptoms.

“I think I got the virus in London on my way to Nairobi when I came back I stayed for a day and then reported to the Mbagathi Hospital and they took me seriously,” She said.

She has been in quarantine for the last 23 days and thanks the doctors from the Kenyatta National Hospital for taking care of her.

“I want to tell Kenyans that this virus is manageable and people might have mild symptoms like a cough and a slight headache, so people should not really be afraid, we will pull through,” She added.

The second patient, Brian,  who says he was infected by Brenda, says he was taken to the isolation centre immediately the test results for Brenda came back.

At the same time, he asked Kenyans to treat the pandemic seriously, saying its it is real but can be defeated if Kenyans follow directives from the Ministry of Health.

“Coronavirus is real, please follow what the government is saying because that is the only way to beat the disease,” Brian explained.

The two then thanked the government for its swift response in quarantining them and offering medical care to ensure they recovered.

Meanwhile, President Uhuru in the conversation lauded them for their bravery and wished them well.

At the same time, he asked Kenyans who feel unwell to be accountable and report to the relevant authorities.

He reiterated on the need for social distancing and observation of the guidelines by the ministry of health as pertains to the pandemic.

In the coming days, the president has promised to meet the two physically saying Kenyans need to understand the gravity of the global pandemic.

‘U HAVE NO MANDATE’: LAWYERS KABUUSU & MABIRIZI CHALLENGE PRESIDENT M7 ON CHARGING POLITICIANS GIVING OUT FOOD WITH MURDER

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NEWS EDITOR

LEARNED counsels Moses Kabuusu and Hassan Male K. Mabirizi Kiwanuka have openly challenged president Museveni’s order he gave Uganda Police Force yesterday, to arrest and charge with attempted murder all politicians distributing  foodstuffs to people these days. 

In his address, Museveni said, “In the meantime, arrest the opportunistic and irresponsible politicians who try to distribute food for cheap popularity. Those are very dangerous to the health of the people.”

“When you try to distribute food or money in such a situation, people gather around you. Many people can be infected in that process. You will, therefore, have caused the sickness or death of those people. Anybody involved in that effort will be arrested and charged with attempted murder.” So ordered the President.

However Lawyers are saying, the President has no mandate to ammend the laws.

“Ammendment of statutes is a preserve of the legislature. He is not a member of the National assembly therefore, he has no mandate to amend the laws.” Said counsel Moses Kabuusu, former Kyamuswa member of Parliament.

City lawyer Male Mabirizi when approached to interprete the law had this to say: “It is President Museveni’s illegal speech orders which amount to attempted murder.”

Here is how each of the two lawyers detailed his interpretation of the law:

COUNSEL MABIRIZI INTERPRETATION: 

Fellow Ugandans and Comrades in the struggle for Rule of Law, I have since 18th March 2020 maintained that President Museveni’s speech orders are illegal to which I even filed High Court Misc. Cause No. 70 of 2020 which Chief Justice Bart Katureebe has ensured that is not heard. 

Counsel Mabirizi being prepared for a court battle

I, with other willing comrades are looking forward to other forms of legal remedies against the pouring illegal orders from the elderly ruler of this Pearl of mankind.

Yesterday, Museveni made several pronouncements among which he claimed that he was directing Uganda Police to arrest all politicians distributing food or driving people to hospitals and charge them with attempted Murder. 

That was ‘arbitrary governance,…by a totalitarian leader…(and somehow) mob rule.’ 

 These pronouncements are against the rule of law which is in turn hostile to both dictatorship and anarchy.’

Article 213(3) of our Constitution 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.” Therefore, President has no powers to direct police on what to do in their day to day activities and the framers of this provision indeed wanted to avoid an instance like this where a politician in power uses the police to muzzle his/her opponents. 

Article 120(3) states that “The functions of the Director of Public Prosecutions are the following— to direct the police to investigate any information of 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;..” 

Hence Museveni turned himself into DPP whom he has refused to appoint ever since Mike Chibita became a Justice of Supreme Court. I think his fear to appoint a Director for Public Prosecutions is the independence given to him by article 120(6) 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.” 

In times like this where Museveni is aware that except those eating from his regime, his support amongst Ugandans is dismal, he hates officers with such powers to be substantive but prefers to have make-shift officers who can be manipulated on the thinking that doing what M7 wants may earn them the position of DPP.

Further, in my opinion, any prosecution in absence of a DPP stands null and void because he is the only one empowered under the Constitution to initiate prosecution.

President Museveni did not cite any law under which the politicians would be charged with attempted murder yet he was addressing the Nation and illegally directing the Police Force which both the Constitutional and Supreme Courts have found to be incompetent and partisan going by the way they harassed Ugandans in 2017 over the age limit removal

Section 188 of The Penal Code Act, Chapter 120 which provides that “Any person who with malice aforethought causes the death of another person by an unlawful act or omission commits murder.” 204 provides “Any person who— (a) attempts unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of another, does any act or omits to do any act, which is his or her duty to do, such act or omission being of such a nature as to be likely to endanger human life, commits a felony and is liable to imprisonment for life.” 

And 386(1) states that “When a person, intending to commit an offence, begins to put his or her intention into execution by means adapted to its fulfillment, and manifests his or her intention by some overt act, but does not fulfill his or her intention to such an extent as to commit the offence, he or she is deemed to attempt to commit the offence.”

So, from the above legal provisions, who is ‘doing any act or has omitted to do any act, which it is his or her duty to do, such act or omission being of such a nature as to be likely to endanger human life’? 

Is it Museveni or the opposition leaders giving out food, relief items and rushing Ugandans to hospitals? Who is endangering the lives of Ugandans? Comrades, it is Museveni who is doing so. 

First, politicians have no duty to protect lives and improve welfare of Ugandans but the Presidential Oath in the 4th Schedule to our Constitution provides that “I,…swear in the name of the Almighty God….. that I shall promote the welfare of the people of Uganda. [So help me God.]” 

After which Article 99(3) states 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…” 

On the other hand, Article 17(1)(c) provides that “It is the duty of every citizen of Uganda— to protect children and vulnerable persons against any form of abuse, harassment or ill-treatment;” 

It is the exercise of this duty for which President Museveni wants people to be charged with attempted murder. 

So, is it God helping this former guerilla to make orders which will cause death of Ugandans due to failure to access food and medical attention or some evil spirits? 

Take an example of my burial village of Kasana in Mukono district. To reach Kasan one branches off atNdese-kayunga Road and drives for several kilometres. 

Does Museveni expect my aunt who is due to first go to Mukono where his RDC sits, get permission and then go back and get a bodaboda to take her to Nakifuma Health Centre to deliver?

So, if this aunt of mine dies, who should be charged for attempted murder? When a man dies because of a snake bite which cannot be cured because of lack of means of transport to the nearby Health Centre, who will be responsible for the death? 

When my diabetic father Bazinduse Lulibedda Mutumba Ganaafa who also suffers from high blood pressure dies because of lack of transport to Mengo Hospital, who will be responsible? 

I think it is Museveni going by his oath of office and who abused his office in making such illegal orders. 

I know we cannot charge him while in office but he is aware that as soon as he ceases to hold that office, we can charge him.

That is why he fought tooth and nail to amend our Constitution by force to try and rule for life.

But I am optimistic that the East African Court of Justice will sort this forceful Constitutional ‘Aggravated Robbery’ ‘sanitized and masked by Judicial Fraud’ presided over by his old friend Bart Katureebe.

Under article 1 of our Constitution, “All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution”.

Which Constitution tells you under article 3(5) that “Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this Constitution commits no offence.” 

I know there is much fear that giving your friend food, transporting a dying mother or an elderly to the hospital may lead to your arrest but my position is that as we take precautionary measures of not being illegally arrested by the junta forces, we must always remember the provisions of article 3(6) of our Constitution which provides that “Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed, and that person shall be taken to be absolved from all liabilities arising out of the punishment.” 

Meaning that the punishments will be void as soon as we recover from this draconian situation.

COUNSEL KABUUSU ON PRINCIPLE OF LEGALITY 

The principle of legality as enshrined in Article 28(7) presupposes no person shall be charged and or convicted of an offence not prescribed by any law with its penalty prescribed there of.

Counsel Hon. Moses Kabuusu

For the offence of attempted murder to stand it has ingredients that must be fulfilled

  1. Attempt to (murder)

And for murder there are ingredients to be fulfilled thus;

  1. Death or a dead body/corpse
  2. Unlawfully executed
  3. With Malice aforethought
  4. Liability of the accused.

Those ingredients are not very easy to prove against a politician giving out food to hungry and angry people

Be aware of this though!

State never prosecutes people to prove guilt but on most cases; premeditated guilt or vendetta, persecution of suspects whom state wishes to taste the wrath of their domination, keeping jobs for both state attorneys and magistrates to report to office on daily basis and employment for clerks and registry staff.

When I understood that, I ceased challenging defective charge sheets, malicious prosecution, and I never object to adjournments on account of investigations being incomplete.

SAD! PREGNANT MOTHER DIES WALKING HER WAY TO HOSPITAL AFTER A BAN ON PUBLIC TRANSPORT, MINISTRY OF HEALTH SPEAKS OUT

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NEWS EDITOR

A PREGNANT mother from Luuka district in Busoga has lost her life after failing to access emergency transport to the hospital.

According to sources, bodabodas, the would be urgent transport to the Hospital refused to take her in respect to the presidential tough directives in the fight against the deadly Covid-19.

Dr. Diana Atwine, the Ministry of Health Permanent Secretary on her twitter page has written that, “No one will be stopped if they are taking mothers to hospital. We shall issue a statement to clarify this.”

Luuka district RDC Pamela Watuwa confirmed this and said, it’s sad because no one deserves to die in this situation. 

She said leaders would have worked out a way to see that this lady reaches a nearby health  facility whether on bodaboda or any other means.

On the day Museveni suspended public transport he said, “The remaining danger points are two or three. Danger point number one is still public transport. People moving in shared vehicles, even when a minibus, taxi, bus or boda boda carries less people, these are still close enough for the virus to be spread.”

“The movement  of people from one end of the country to another enables the easy spread of the deadly covid-19. The person who went to Kisumu and came back to Iganga (who allegedly infected the 8 month old baby) did not walk on foot. He travelled by a fast means of transport.” Stated the president directing, “Therefore, the government has decided to suspend for 14 days all public transport and this means, all taxis, coasters, minibuses, all buses, all passenger trains, all tukutukus (the tri-cycles) and all the bodabodas. All these have been suspended.”

The President, in his address yesterday night, re-echoed the same directive.

In fact, LDUs have been filmed beating passengers and cyclists on bodabodas in execution of the Presidential directive.

Bodabodas were only permitted to carry goods and foodstuffs not passengers. 

Luuka pregnant woman must have been affected by this ban!

In banning private cars yesterday, Museveni said, in an emergency like taking a patient to the Hospital, it is only the RDC who can give you permission to temporarily use your car.

The President didn’t talk about bodabodas.

However, on receiving such sad news in her district, RDC Pamela Watuwa who formerly worked with Kabaka’s CBS radio station said, “We are working out a method of identifying bodabodas at every village to help us. Government vehicles are also available to transport people to health facilities.”

Giving out her phone contacts, RDC Pamela said her office is open to every one.

COVID-19 IMPACT: K’LA CITY GOES TO SLEEP & ROADBLOCKS SET UP AFTER M7’S TOUGH DIRECTIVES START TO BITE, PEOPLE POWER REACTS

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NEWS EDITOR

THE ever busy and congested Kampala Capital City is totally empty, all roads demarcated, arcades closed and roadblocks planted on all major roads to make sure President Museveni’s new directives given yesternight in a war against Covid 19 pandemic, are effected!

Sheikh filmed in Kampala today morning

A few cars can be seen moving on roads (ofcourse with permission) and those without permission are towed away by security men who are armed to the teeth!

The Parliament is closed, heavy deployment can be seen everywhere, Hotels in Kampala are empty and surprisingly non of the  beggars who have been sleeping on the streets can be traced.

Kisekka market, the reknown Benghazi where city riots start is as quiet a street grave yard, Kikuubo business centre is locked, taxi parks are clean. You can in fact say, Kampala has gone to sleep.

Apart from Nakasero, Owino produce side, Kasubi, Nakulabye, Kireka and markets dealing in foodstuffs, others are closed. A few people are seen walking on roads, some riding bicycles and very few bodabodas. Attendants at different Petrol stations are idle and so are those in Kampala Central supermarkets.

This situation is expected to go on  like this until President Museveni lifts the lockdown.

During yesterday’s Presidential address, a tough speaking Museveni ordered that, “The ban on privately owned passenger vehicles will take effect from 22:00 hours (yesterday night), the 30th of March, 2020.”

“I would have given the public time to adjust but on more scientific study, it was found that this would be a wrong policy. Why? A longer time would give people time to try and go to the villages.” Said the president, adding, “In so doing, they may transfer the sickness. We, would, then, not be curing anything. This freezing of movement will last 14 days from the 1st of April, 2020. This time it is not Fool’s Day; it is wise-person’s Day.”

On the issue of supplying food to the hungry mostly done by opposition People Power politicians, President Museveni ordered it to stop hence forth calling them opportunists who must be arrested and charged with attempted murder.

He said, “The Government anti-Corona-virus actions of stopping public transport and other measures have put the drivers and other people out of work. Besides, many of them live hand to mouth, the daily bread.” “Without those activities, especially in the towns, such people may not be able to buy food. The Government, after properly identifying these people will distribute food to them in the form of akahuunga (maize flour), beans, powder milk, sugar, salt, etc.” Stated Mr. Museveni.

He directed Police in the meantime, “To arrest the opportunistic and irresponsible politicians who try to distribute food for cheap popularity. Those are very dangerous to the health of the people.”

“When you try to distribute food or money in such a situation, people gather around you. Many people can be infected in that process. You will, therefore, have caused the sickness or death of those people. Anybody involved in that effort will be arrested and charged with attempted murder.” So ordered the President.

PEOPLE POWER REACT

Speaking to News Editor Online today morning, Hon. Robert Ssentamu Kyagulanyi’s blue eyed boy Aloysius Mukasa the 2021 Lubaga South MP hopeful said by People Power feeding the hungry they do not seek for any cheap popularity because the wave is already popular and will dominate all elective positions come the General elections.

“People Power represents Ugandans who are marginalised, who are jobless, whose land is grabbed by the well to do, who cant manage two meals a day, Ugandans who are arrested on concocted charges, those who are fighting for their rights and rule of law.” Aloysius Mukasa went on to ask, “Now cheap popularity over what? Our people pay huge taxes but at such a moment, they are forgotten to die of hunger before even Coronavirus reaches their doorsteps. What is the problem with sharing the little we have? We will in fact do the same if People Power takes over National power. We will eat together, we will share services.”

Hon. Asuman Basalirwa (right) with Lubaga South’s Aloysius Mukasa last week

Read also:

https://www.newseditor.co.ug/2020/03/28/benevolent-heart-mp-luttamaguzi-give-away-200-bunches-of-matooke-100m-to-feed-hungry-bodaboda-riders-taxi-drivers/

PRESIDENT MUSEVENI’S FULL STATEMENT 

Countrymen and countrywomen

I am here, to again address you on the issue of the corona-virus. I first, addressed you on this issue on the 18th of March, 2020. Before I addressed you, together with the experts, we had discussed, in depth, the science of this virus. In that study, we had discovered the following characteristics of this virus.

President Museveni
  1. It spreads through inhalation if somebody with the virus coughs (okukororra) or sneezes (okwetsyamura) near you ? within four metres from you. It will, then, infect you through the inhalation of the rwooya (vapour) of the sick person that would have coughed or sneezed.
  2. The second mode of spreading is when the infected person pollutes surfaces such as tables, door handles, etc. If you touch the polluted surface and, then, touch yourself in the soft parts of the body: eyes, nose or mouth, you also get infected. The virus cannot go through the normal, intact skin of a human being. It only goes through the soft parts mentioned above.
  3. Although the healthy people afflicted may survive, it can kill alot of people that already have other medical conditions such as Aids, blood-pressure, pregnancy, diabetes, sickle-cells, cancer, the elderly, etc. In China, its kill rate was 4.05%. In Italy its now 11.03% and Spain, its kill rate is now 8.4%. It even kills the young people in some circumstances, like the young doctor, Li Wenliang, of Wuhan in China, who first identified this problem. He was only 33 years old.

Given its spread methods ? sneezing and coughing by an inconsiderate and careless person in a cluster of people bunched together as well as an individual’s own carelessness of touching the soft parts of your body (the eyes, the nose and the mouth) without washing your hands or sanitizing them first, after careful study, we decided that this virus will spread fastest if it gets into large concentrations of people, some of whom may be behaving inconsiderately or carelessly as stated above. We, therefore, adopted the strategy of dispersing any concentration that may provide fuel to this virus.

In my address of the 18th of March, 2020, I put out 13 actions that dealt with this problem, in part, as well as other associated matters. The 13 measures were:

(1) Close all the Educational Institutions which accounted for 15 million young Ugandans;

(2) Suspend communal prayers in Mosques, Churches or in Stadia and other open air venues;

(3) Stop all public political rallies, cultural gatherings or conferences;

(4) Banned Ugandans from moving to or through category one (I) countries that had had a large number of corona cases by that time;

(5) We allowed returning Ugandans provided they underwent mandatory quarantine, at their cost, for 14 days at a venue identified by the Ministry of Health;

(6) We allowed the non-agricultural gathering points to continue but with SOPs (Standard Operating Procedures) put out by the Ministry of Health; and these gathering points were: factories, hotels, large plantations, markets, taxi-parks, etc.;

(7) We discouraged the hexagonal, extravagant Ugandan-style weddings; if in a hurry, we encouraged the couples to go for the scientific weddings by the actual stakeholders, accompanied by a few people;

(8) Burials could not be postponed, but it should be for a few people ? the concerned homestead;

(9) With the 33 million farmers, according to the 2014 census, there was no problem because they are dispersed in their farms, plantations, etc.; the only issues to deal with here were the monthly or weekly cattle auction markets (ebikomera); and obutare (food markets); these were suspended;

(10) At that time, we thought that we could continue with the public transport systems of buses, mini-buses, taxis, boda-bodas, etc., provided they were given SOPs;

(11) The discos, dances, bars, sports, music shows, cinemas and concerts were all suspended;

(12) Number 12 was hygiene and enlightened (not kikafiri behavior ) behaviours of not coughing or sneezing in public, no spitting, washing with soap and water or using sanitizers, regularly disinfecting surfaces such as tables, door handles, etc. and not touching your eyes, nose or mouth with contaminated and unwashed hands; and

(13) Ended with nutrition to strengthen the body defence system.

We quickly, however, learnt that some of the actors were not obeying these measures and that, for instance, the returnees from abroad, from the high risk countries, were escaping from the quarantine even when it was mandatory. The ones in self-quarantine were also escaping, e.g. the Chinese that were arrested on the Congo boarder, in Zombo or the returnee from Kisumu that is the father of the Iganga baby that turned up positive that went into hiding. These gaps could cause us serious problems.
These gaps were undermining the strategy of denying the virus the fuel that it could ignite and sustain its expansion by ensuring that there is no match-box and there is no dry grass ? no virus and no concentrated masses. Therefore, on the 25th of March, 2020, on the 41st Anniversary of the battle of Rugaando, I announced two new measures:

  1. Stopped all passengers coming into Uganda by air, land or water; this affected in-coming planes, buses, taxis or boats;
  2. Also prohibited from entry were the pedestrians ? people walking on foot from the neighbouring countries.

In all these measures, we were careful to clearly state that cargo planes and cargo vehicles, within Uganda and between Uganda and the outside, should continue with only the crews for the air-crafts and 3 persons per cargo vehicle.

Then, on the 21st of March, 2020, we announced additional measures as follows:

All public passenger transport vehicles are stopped and those were: taxis, coasters, buses, passenger trains, tuk-tuks (tri-cycles) and bodabodas;

Secondly, in order to scale down the numbers of the populations in the markets, we announced that only food sellers should remain in the markets; the non-food sellers should suspend their activities.

However, private vehicles could continue but with only 3 people maximum per vehicle. However, ambulances, army vehicles, garbage collection vehicles, etc., would continue.

Since that time, we have been monitoring the situation. It was good we took all these measures. However, there are still windows through which the virus can continue to spread. As of today, the 30th of March, 2020, 31 Ugandans and 2 Chinese have been confirmed as being positive with the virus.
Almost all of them are imported cases by Ugandans returning from mainly Dubai (UAE), Europe, the USA and Afghanistan. Only 3 are the ones that received it from the importers. These are: the wife and daughter of the Masaka man and the baby from Iganga whose father had returned from Kisumu in Kenya. Out of the 33, the number of eight (8) were intercepted at Entebbe, in the quarantine or, even, at the airport, like the case number one, who was detected by the temperature monitor and another 7 that were first identified by the temperature monitoring system. This means that 14 out of the 33 had already entered the ekibuga (city, town), the lujja (compound) and some had even entered omuunju ? munyuumba (inside the house) since we did not detect them at the Eireembo (the main entrance) or they escaped from the Eishaazi ? the holding ground ? by escaping from the quarantine. How many other Ugandans did they interact closely with to infect them? That is what we need to discover and soonest. It is good that those who start feeling the symptoms report themselves, like the case from Hoima did. However, this disease has two characteristics that make the work of fighting it tedious and quite challenging and need maximum vigilance.
One characteristic is that some of the infected people may not feel sick and may not even know that they are infected. Yet, they will continue spreading the disease, of course, through the carelessness of the general population of, for instance, polluting surfaces and touching oneself in the soft parts of one’s body: the eyes, the nose and the mouth; and sitting very close to one another even if the infected person is not coughing. After further careful analysis, we have come to the conclusion that to be on the safe side, it is better we err on the side of caution than to wait for a possible situation like of some countries where a 1,000 people are dying per day from this disease.

The second characteristic of this virus is that those that are infected, even when they survive, they take long in the hospital. In China, one case took 2 months. This has caused the filling up of all the hospital places even in the countries with advanced medical systems, until a situation where the medical authorities have to decide on who should be allowed to die and who should not.

Therefore, with these cases that had entered in the house, we should not wait for that situation. Incidentally, we now have under quarantine, a total of 839 persons. Even those that are alleged to have escaped from the quarantine, have all come back. How many people had they interacted with and how careless are they with the sitting close to one another and with the carelessly touching their soft parts? We, therefore, think that there is less risk in taking the risk of the bitter medicine of maximum restrictions for a limited time than gambling by assuming that pollution was limited when we are not absolutely sure. Since we started this campaign of sensitization, if everybody listened by not coughing and sneezing near other people, by not sitting too close to one another when the infected person has got no symptoms and by not carelessly touching oneself in the soft parts, the cases that entered into the house would not have spread the disease. The question, however, is: “Did all our people listen?”

That is why it is better not to take any risk by being complacent and assuming that everybody took heed when many may have not taken heed. That is why we have decided to take additional measures as follows:

  1. Measure number one is to prohibit all people to people movement by everybody including those using their private vehicles, bodabodas, tuk-tuks, etc. Why? Two reasons: (i) some private car owners have turned their cars into taxis, transporting the two people we had permitted, assuming that they would be members of one’s family, when in fact they were passengers being charged the exorbitant fare of shillings 50,000/- from Kampala to Jinja. Hence, the problem we were trying to cure of allowing the mixing of people from different sources was not being addressed. Instead, it was taking new forms. The people with private cars were now the new public transporters without licences and facilitating the dangerous mixing in the process. Secondly, even more importantly, even if the private car owners had been disciplined and only moved around with only the 2 members of their families, still that movement would be dangerous because we do not know who has the virus now and who does not, given the penetration of the imported cases into the society, short-lived though it may have been.
  2. The second category of concentrations are the shopping malls, arcades, hardware shops, which gather alot of people to sell and buy non-food items. These are suspended for 14 days starting with the 1st of April, 2020.
  3. All the non-food shops (stores) should also close. Only food stores, stores selling agricultural products, veterinary products, detergents and pharmaceuticals should remain open. The Ministry of Health should work out SOPs for those stores. Many people should not be allowed to congregate there and form lines to buy. Home deliveries should, instead, be encouraged.
  4. The Super-markets should remain open but with clear SOPs that should restrict numbers that enter and leave the site at a given time and the handling of trolleys within the super-markets. Alot of people can be infected by handling the unsterilized trolleys within the super-markets.
  5. The established Food Markets in Kampala and the other towns should continue to be open. However, two precautions must be observed. One, the distance of four metres to the front, to the left, to the right and to the rear ? between seller and buyer and also seller and seller must be observed in all the markets. Secondly, the sellers must not go home during the 14 days. They must arrange to stay nearby for that duration. That movement between workplace to home and back, is part of the problem. How are the people you left at home and how do you move to work if there is no public transport? It is that mixing that we want to freeze ? between home, enroute and workplace. Be in only one place for 14 days and we see what is happening.
  6. Saloons, Lodges and garages should also be shut for 14 days from the 1st of April, 2020.
  7. Like the farms, we would like the factories to keep producing because that is the life-blood of the country. However, the danger is in the workers going home and coming back. It is that daily movement that must be frozen. Let the factory owners arrange for the crucial employees to camp around the factory area for the 14 days. If they cannot do that, let them suspend production for 14 days.
  8. Construction sites should continue if they can be able to encamp their workers for 14 days. Otherwise, they should suspend construction for the 14 days.
  9. The essential services are: the medical, veterinary, telephones, door-to-door delivery, Banks, Private Security companies, cleaning services, garbage collection, fire-brigade, petrol stations, water departments and some KCCA staff should continue to operate. URA should also not close business on account of not paying taxes in these 14 days.
    These employers should, however, see whether they can encamp some staff near the workplace for the 14 days, which is the preferred way, or else get a special exemption from the RDC with the concurrence of the District Medical Officer.
  10. Cargo transport by train, plane, lorry, pick-up, tuku-tukus, bodaboda and bicycle, within Uganda and between Uganda and the outside, must continue but only with minimum numbers, technically needed as follows: Cargo ? Air-craft ? only the crew; Lorry ? not more than 3 persons i.e. driver, tonne-boy plus one, etc., as will be directed by the Ministry of Transport, working with the National Task Force on the Corona virus.
  11. Gatherings of more than 5 persons are hereby prohibited.
  12. Except for cargo planes, lorries, pick-ups and trains, starting with the 31st of March, 2020, at 1900 hours (Saa Moja ya Usiku), there will be a curfew throughout the whole of Uganda. All other movements should stop. Let people stay in-doors in their homes except for the cargo-transporters. The exemption of cargo transporters does not apply to the bodabodas, tukutukus or bicycles in the curfew hours. Those should only operate during daylight hours.
  13. In order to deal with some unavoidable health issues like mothers in child birth or very sick people, permission can be sought from the RDC to use private transport to take such a person to hospital. Additionally, government vehicles that do not belong to UPDF, Police, Prisons or UWA, will be pooled and deployed at the District Health Offices, including the divisions of Kampala, with their drivers, staying in tented compounds, ready to help in those health emergencies. Those vehicles will be under the command of the District Medical Officer.
  14. On account of this pandemic, some sectors of the economy are suffering, such as the tourism industry, the entertainment industry, the transport industry, etc. However, as I said earlier, new opportunities are emerging in this misfortune. You have seen how the demand for sanitizers, face masks, bicycles, etc., has stimulated new industrial opportunities.
    Working with the IMF and the World Bank, we shall set up a fund in UDB to accelerate industrialization through import-substitution and export promotion. You have seen how dangerous it is for Africa to excessively depend on imports from outside. This is the time to wake-up.
  15. We are going to discuss with Banks, electricity companies and water companies in connection with the loans and bills, many people have with these units. It is not correct to disconnect water or electricity on account of non-payment during this time of shutdown or to seize properties on account of the non-payment of loans.
  16. Government workers should also stay at home for the 14 days, except for the Army, the Police, the Health workers, the Electricity, Water and Telephone workers. Even there, however, SOPs should be worked out for the soldiers, etc., that do not stay in the barracks. This problem of not staying near the workplace is something I have never supported.
    At one time, I wanted to shift and stay in Lubiri when it was still a barracks. The Army leaders, that time, pacified me by turning both Nakasero and Entebbe into barracks, including taking over Nsamizi Hill. People who do not stay in barracks, should either stay away for the duration of the shut down or camp in the barracks. The families of the soldiers and policemen should also be controlled moving in and out of the barracks should be suspended and so should the visitors. Otherwise, we can have a major outbreak in the barracks. The vehicles of the Army, Police, ambulances utilities’ vehicles, Prisons, UWA, etc., will continue to move on orders of the competent authorities.

 Today, Mr. Elumelu sent me US$150,000. I will use it to buy, may be, three (3) four-wheel drive vehicles to use, by the Ministry of Health to use in this effort. Those trying to take patients to hospitals, must also stop because they spread the virus in the process. If they have money, let them contribute it to the Task Force to use in a disciplined and safe way. In Mbale, the Chinese donated to me two four-wheel drive Jeeps. I have donated these to the Task Force of the anti-corona virus.

However, the crucial point is the stopping of the epidemic. I do not want us to lose millions of our vulnerable people to this wholly avoidable epidemic just on account of indiscipline. What is the indiscipline?
Coughing or sneezing where there are other people; not washing or sanitizing your hands regularly; touching yourself in the soft parts of the body with unwashed hands, the soft parts being the eyes, the nose and the mouth; and congregating in numbers when science is telling us to avoid this wholly avoidable danger, disperse and do not congregate.

The idea, a Sheikh sent to me the verse from Isaiah, Chapter 26: Verse 20. It says: “Go home my people and lock your doors! Hide yourselves for a little while until the lord’s anger has passed.”

GO & DIE ALONE: IRATE MOB CHASE WATOTO CHURCH COVID-19 PATIENT OUT OF THEIR VILLAGE

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NEWS EDITOR

A FEW hours to the presidential address yesterday evenning, a group of Kasero angry residents in Kasero -Buloba, Wakiso district forcefully chased a member of Watoto Ministries out of their village after being tipped off by an insider that he was confirmed to be a Covid-19 victim confined in the premises of this Pentecostal Church.

Lead by Pastor Gary Skinner, Watoto Church is an English speaking cell-based community church located around East Africa and headquartered in Kampala, Uganda with many branches.

According to their vision, they say are celebrating Christ, growing and multiplying as each one reaches one, touching those around them with the love of Jesus, bringing healing to the cities and the nations. Watoto is a Swahiri word meaning ‘the children’ in Swahiri.

Kirimamboga-Kasero area LC 1 Chairman one Solomon Ssebayiga who in vain cooled down the angry residents, later sided with them, Watoto Church was asked to find another place for their patient, not this village.

“They have finally succumbed to the community pressure, and whisked away their patient.” Chairman Solmon Ssebayiga told the News Editor Online.

Covered with a white cloth (where the red arrow points), Watoto Church Covid -19 patient being taken to the waiting Ambulance

Shouting at the top of their voices and making an alarm to whoever cared, residents had vowed to set ablaze Watoto Church premises if they dont take away their Covid-19 patient.

This patient was allegedly sneaked into this village from Entebbe quarantine instead of being taken to Mulago or Entebbe grade B hospitals as stipulated by the government.

At first, Watoto Ministries, formerly Kampala Pentecostal Church (KPC) thought the residents were joking until the number of demonstrators increased and vowed not to leave the premises until the patient was evacuated.

Within a few minutes, an ambulance from Kampala arrived with masked medical officials who picked the victim from a well guarded Watoto premises and took him to an unknown destination. 

After overpowering Watoto Church, residents started jubilating saying, “God is good, now the virus carrier who we feared would infect infect others in the community  has been evacuated.”

DETAILS

Insiders say, on return from a tour in Europe, a group of members from Watoto Ministries were among those confined for 14 days in Entebbe and one of them tested postive for Covid-19.

Watoto ministries however opted to isolate their member and get  him medication at the Watoto Elderly home in Kasero, Buloba Wakiso district instead of keeping him at a medical facility as earlier guided by the government. 

On delivering him to these premises, onlookers say, two ambulances came with masked medical personnel escorted by a convoy of cars. Alot of activity was going on at a home that had earlier been abandoned.

This made the community suspicious.

Before this, Watoto ministries briefed their staff on how one of their own had tested positive for Covid -19.They therefore decided to evacuate all the elderly people that were formerly residing at the home to accommodate their patient.

A staff member who requested anonymity confirmed to this Website that, “Yes we were briefed by our bosses about our member who tested positive for Covid-19 and were going to use this place to isolate him. So we were aware.”

On getting reliable information that a Covid 19 patient had been brought into their village, angry residents started demonstrating demanding for the evacuation of the patient.

Among the reasons they fronted was that: unlike infectious disease control centers, Watoto ministries Premises was least suited to handle the such a case.

  1. It has no perimeter wall, which means control of the quarantined boy could not be guaranteed.
  2. It is situated in the middle of homesteads. Sitting on barely an acre of land, the small home was abandoned due to its tiny space and left for the elderly pensioners who had served the establishment. The elderly were moved away in rue of the scare, leaving the neighborhood to face the music.
  3. It isn’t a hospital, it isn’t a health unit, it isn’t a government run facility.

This made the residents question whether the establishment is honest in doing so and playing their role in securing the community and curbing the spread of the pandemic that has made super powers crawl, or were just eager to save as much money as possible.

“We were therefore worried and had to raise our voices so that concerned authorities hear us and give us the urgently needed help or we forcefully close this center that carelessly seeks to wipe out the entire underprivileged village.” Said a concerned senior resident.

Also read: https://www.newseditor.co.ug/2020/03/30/how-neglected-budaka-covid-19-victim-cheated-death-from-angry-residents/

HOW NEGLECTED BUDAKA COVID-19 VICTIM CHEATED DEATH BY ANGRY RESIDENTS

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NEWS EDITOR

BUDAKA angry residents had to go for a demonstration for their voice to be be heard, after the district got stranded with a patient with advanced signs of Covid-19 who was allegedly neglected by medics.

According to the district authorities, this lady who has been working as a maid traveled fourteen days ago from Nairobi and freely lived in Lyama sub county with family members until her condition began to deteroriate.

“On arrival to Budaka health center 4 with advanced Covid-19 symptoms, she was sent to the isolation center in Nansanga health center 3. Communication was sent to the Mbale regional regional referral hospital who kept on telling us stories.” said a top district official who spoke on condition of anonymity.

He told us, “They kept on changing from we are coming then we don’t have protective gear, then we shall come tomorrow and our team is on the way but all was in vain. In the meantime, the Nansanga community were getting agitated and grouping up to kill the the patient.”

It was not until Budaka district leaders intervened and comumicated to authorities in Kampala who advised them to use the district pick up and take her the patient to Mbale Hospital.

However on arrival at the Hospital, they were bounced on grounds that the Regional hospital lacked protective gear to handle any Covid-19 patient.

“Left with no option, the patient was driven back to Budaka health center 4 where we quickly organised an isolation room since we could not take her back to Nansanga lest she faces mob tyranny yet Budaka has no protective gear.” Said district official.

Residents are living in fear saying Mbale regional hospital is far from ready to face or receive or tackle Covid-19.

“This is real disaster if a regional referral hospital can turn back a patient to a health center 3. We even wonder what will happen should the country be faced with a full blown outbreak.” Said residents.

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