Rakai magistrate dismissed over theft of Shs 7m

The Judicial Service Commission (JSC) has dismissed Rakai grade one magistrate, Latif Abubaker Nakibinge from service.

Nakibinge allegedly withdrew over Shs 7 million from the court operation fund account and failed to hand it over to the rightful owner. He was dismissed on May 17 by JSC with immediate effect following a meeting resolution passed on May 12. 

The withdrawn money should have been handed to Kamugunda of Matovu and Kamugunda and Company Advocates. We could not get the names and contacts of the persons represented by Kamugunda of Matovu and Kamugunda and Company Advocates. But the money was reportedly withdrawn from Centenary bank as part of the Rakai court operation fund account in a civil suit number one of 2017.

Sources indicate that Nakibinge was charged with one count of abuse of judicial authority in contravention of the regulations of the Judicial Service Commission. 

Nakibinge was charged and made to appear before the JSC disciplinary committee where charges were read to him. He allegedly pleaded guilty and asked for leniency.  

"On account of the foregoing, the commission resolved that there were no grounds for the exercise of leniency as prayed and resolved that you be dismissed from the judiciary service, with immediate effect in terms of regulation 31(1)(a) of the Judicial Service Commission, SI 87/2005,” the commission resolved.

The dismissal was communicated to Nakibinge by JSC permanent secretary Julius Mwebembezi.  

Meanwhile, the commission in the same meeting also decided to severely reprimand Kamwenge chief magistrate, Moses Kule Lubangula for having presided ex-parte over a matter that was outside the scope of grade one magistrate jurisdiction.

The matter involved one case of Mutesasira John Vs Mukasa Galiwango.

"...you proceeded to hear the said application exparte contrary to the chief justice's directive of 2016 that expressly forbade granting exparte orders without notifying the opposite party in the matter and with no affidavit of service having been filed on record," the commission said.

59-year-old Lubangula was equally charged with abuse of judicial authority and acting in contravention of the code of judicial conduct contrary to regulation 23(j) of the Judicial Service Commission regulations.

"The commission considered the grounds that you pleaded for in mitigation to the effect that you are aged 59 years and that you have served for 29 years in the Judiciary and resolved that you be severely reprimanded."