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Lawyer Loses Case Challenging His Suspension from Court Martial :: Uganda Radionetwork
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Lawyer Loses Case Challenging His Suspension from Court Martial

Muyanja was on August 7th 2018 dismissed from the court by the Chairperson Lt General Andrew Gutti due to alleged misconduct and indiscipline as he represented jailed Boda Boda 2010 Association Patron Abdullah Kitatta and his co-accused.
Lawyer Jimmy Muyanja infront of his clients at the General Court Martial in Makindye before his Dismissal in 2018.

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The High Court Civil Division has dismissed an application in which city lawyer Jimmy Muyanja challenged his indefinite suspension from the General Court Martial.

Muyanja was on August 7th 2018 dismissed from the court by the Chairperson Lt General Andrew Gutti due to alleged misconduct and indiscipline. He was representing jailed Boda Boda 2010 Association Patron Abdullah Kitatta and his co-accused.

He was dismissed after he hit the table loudly accusing the Army Prosecutor Lt Col Raphael Mugisha of signalling to a state witness on which questions to respond to during cross-examination.

Muyanja in his court documents alleges that he was accordingly abused as silly and misguided before the Chairperson Gutti directed him to match out as he was being escorted by soldiers.

Gutti reportedly told him never to return to the Court Martial unless he is no longer the Chairperson of the court.

But Muyanja challenged the dismissal in the High Court on grounds that Gutti’s order infringed his constitutional right to practice his trade as a licensed advocate.

He also argued that the order disabled him from representing his client, Haji Abdullah Kittata who has subsequently jailed eight years and any other future clients before the General Court Martial.

 

Muyanja thus sought for an order declaring Gutti’s actions unlawful and also be compensated for the damages caused to him. 

In his Judgement on Thursday, Justice Musa Ssekaana dismissed the suit citing that Gutti made the utterances in a heat of the moment after the Muyanja’s conduct was a nuisance in the court-martial.

He explains that Gutti simply made the utterances but never issued any court order as there is no proof to this effect.

 

“The applicant has not attached any alleged order barring him to practice in that court-martial. Courts should not delve in making findings over every statement made in the course of the trial”, said Ssekaana. 

Ssekaana adds that he watched the footage Muyanja brought before the court and observed that he had indeed thrown papers in the manner that angered the court-martial.

He added that Muyanja’s actions were not only contemptuous to the Court Martial but also any other judicial court or any adjudicatory body.   

“The applicant should have appealed against the said decision or order but according to the evidence adduced there is no court record showing such an order or decision”, said Ssekaana.

He dismissed the matter with no order to costs.