The Judicial Service Commission has acknowledged receipt of a complaint by businessman Hamis Kiggundu of Ham enterprises over the misconduct of principal judge, Justice Flavian Zeija in his case against Diamond Trust Bank (DTB).

In an October 15th petition letter to the commission, Ham wanted the Principal Judge to excuse himself from any legal proceedings in regard to the case and to have the matter investigated.

Justice Zeija issued an order blocking the execution of Commercial Court orders in which DTB was ordered to refund Shs34 billion and $23.2m (about Shs86 billion) which they reportedly deducted from Ham Enterprises.

According to Ham, Justice Zeija unfairly recalled his case file and that since he is a former banker, he is more inclined towards supporting banks against clients in courts of law.

The Judicial Service Commission was established under Article 146 of the Constitution with a mandate to recruit judicial officers and regulate their conduct.

Background

Last month, Hamis Kiggundu’s lawyers led by Fred Muwema have complained to the Chief Justice, Alphonse Owiny Dollo over the manner in which the case file has been handled by the Principal Judge.

The lawyers said whereas the hearing of the appeal has not taken place, they were later informed the Principal Judge had called for the case file, adding that they have not been served with any official correspondence regarding the matter.

“Whereas the Hon. Principal as the head of the High Court can call for any file in the High Court pursuant to his administrative functions under Article 141 of the Constitution, those powers cannot be understood to extend to the exhibition of continuous interest in one particular file, to the extent of calling of it and interfering with its hearing whenever any proceeding in the case upsets or is likely to upset the defendants,” Muwema said in the letter to Dollo.

Hamis Kiggundu’s lawyers say the Principal Judge has on several occasions called for the case file under unclear circumstances; a matter they say has not augured well with their client.

The lawyers say they are concerned over the flippant movement of the case file in a manner which they say appears to hijack the judicial process.

“We question why the Principal Judge who is not an allocate judge sitting in the judgment of our client’s case should take away our client’s file at a time when the defendants are seeking an interim order to stay execution of orders he neither issued nor can stay in law,” Muwema says.

“It is for the above reasons that we seek and request for your urgent intervention as head of the judiciary in Uganda to issue such orders and directions necessary.

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