On May 5, 2023, The court convened to reinstitute a panel of judges of the Supreme Court to decide the case of investor Hamis Kiggundu vs Diamond Trust Bank. The court will adopt the case court records, including Hamis Kiggundu’s application for Judgment on admission. This high-profile case, which has garnered significant public attention, involves allegations of unlawful debits exceeding UGX 120 Billion from Hamis Kiggundu’s accounts by Diamond Trust Bank (DTB).
Hamis Kiggundu, a prominent multi-billionaire local investor in Uganda, owns several investments both within the country and abroad. His ventures include Ham International (Express logistics Ilc), Ham International (inc us), Ham Agro processing industries limited (Uganda), Ham Palm Villas (Homes, Apartments, Villas), Ham International UK, and Nakivubo stadium reconstruction (Ham Enterprises Limited). Beyond his business pursuits, Hamis Kiggundu is also a lawyer by profession and an author known for his books on success and failure.
The reconstitution of the panel of judges follows the unfortunate passing of Justice Ruby Opio Aweri on December 7, 2022. The selected panel, consisting of Justices Alfonse Owiny-Dollo, Chief Justice of Uganda, Michael Chibita, Percy Night Tuhaise, Faith Essy Mwondha, and Justice Stephen Musota, holds the responsibility of deciding this significant case. The outcome of this trial is expected to shape public perception of the Supreme Court and its commitment to judicial independence.
The public has voiced concerns regarding the independence of the Ugandan Judiciary, emphasizing the importance of non-tolerance for illegalities in all courts of law as a foundational principle of legal systems worldwide. The Ham vs DTB Bank fraud case, with its admissions of illegal activities by Diamond Trust Bank on court records, serves as a litmus test for the independence of the Ugandan Judiciary. There are apprehensions that the political office held by Counsel Kiryowa Kiwanuka, who is also a partner at K & K advocates representing DTB, and Mr. Edwin Karugire’s marital status may influence the Supreme Court’s decision. These concerns raise questions about potential conflicts of interest and the potential compromise of judicial independence. Ugandans are eagerly awaiting the court’s ruling, hoping it will provide a solution to the exploitation of foreign banks that unlawfully debit funds from their accounts.
The case, filed by Hamis Kiggundu, alleges that Diamond Trust Bank unlawfully and deceitfully withdrew funds exceeding UGX 120 Billion over a ten-year period, surpassing the liabilities owed by Hamis Kiggundu’s companies. The bank’s operations were further called into question as its Kenyan branch lacked the necessary license to conduct banking business in Uganda. Additionally, DTB Uganda did not possess the authority to act as an agent for DTB Kenya, violating relevant sections of the Financial Institutions Act and banking regulations.
At the high court, Hon. Justice Henry Peter Adonyo entered a judgment in favor of Ham Enterprises (U) Limited on October 7, 2020. However, Justice Adonyo’s subsequent demotion and transfer from the head of the high court’s commercial division to Soroti raised concerns among the public about potential interference and biased judgments, undermining the pursuit of justice and disregarding legal procedures.
The pivotal question arises: Will the Supreme Court succumb to political pressure and shield an illegality, or will it uphold international standards for judicial proceedings and legal structures? The involvement of Kiryowa Kiwanuka, the current Attorney General of Uganda, and Mr. Edwin Karugire’s marital status raises further queries regarding conflicts of interest and the potential compromise of judicial independence.
This case not only tests the strength and integrity of the Supreme Court judges but also highlights the weaknesses of Uganda’s legal structures and policies. Ugandans hope that a favorable ruling will protect them from an exploitative and poorly regulated banking system.
The eagerly anticipated verdict in the Hamis Kiggundu vs Diamond Trust Bank case will have far-reaching implications for the Ugandan judiciary and its ability to uphold the rule of law. It remains to be seen whether justice will prevail and whether this case will serve as a turning point in the fight against exploitative foreign banks and the protection of Ugandans’ constitutional rights.
As the nation awaits the Supreme Court’s decision, the eyes of the public are fixed on the courtroom, hoping for a just and impartial ruling that will set a precedent for future legal proceedings in Uganda.
For any Opinions, breaking news, Exposes, story ideas, human interest articles or Exclusive inside Stories; email Uganda Daily on: [email protected].