By Marvin Ocol
A businessman in Jinja has petitioned the Judicial Service Commission (JSC) over the conduct of the Deputy Registrar of the High Court in Jinja.
Yahaya Kisakye accuses His Worship Fred Waninda of unethical and selfish interests during the course of his service as a Registrat.
In a petition dated February 27, 2024, Kisakye highlights several scenarios in which he says Waninda acted unprofessional.
Kilembe Mines and TASCO Industries Limited vs Kisakye and 2 Others
According to Kisakye, this particular case was before Dr. Winfred Nabisinde. The matter was fixed for hearing on March 13, 2024. However, Kisakye says that Waninda made orders that were prejudicial to him as the 1st defendant in the case.
“An order directing theRegistrar of Titles/Principla Land Officer Jinja MZO to provide certified copies of documents listed in the order date, 15th November 2023. The impunged order included several other land titles belonging to people that are not party to Civil Suit No. 183 of 2016. This is falsifying a record of the court by including parties not before the court, as well as disrespecting the principle of natural justice of the right to be heard. …His Worship Waninda purportedly acted on a letter y Mangeni Law Chambers, counsel for the plaintiffs, that had not been filed in the court registry as a court document, and not in my knowledge or my advocates, yet the contents directly affected me,” wrote Kisakye.
According to Kisakye, the actions of Waninda led to the cancellation of titles for the plaintiffs and for other people. Kisakye adds that Waninda entertained and endorsed the withdrawal of the main suit and all applications arising therefrom by the plaintiffs without his participation and consent as a party to the suit.
Kisakye also alleges bribes of Shs 500 million aimed at having him drop off the case.
Hamza Mbago & 5 others vs Jinja Municipal Council and another
Kisakye explains that the matter was first allocated to Justice Michael Elabu, then to Justice Eva Luswata, before it was handled by Justice Jeanne Rwkokooko. Kisakye says that an interim order was issued by H/W Jesse Byaruhanga ordering maintenance of status quo that existed, proceeding the filing of an application of injunction in regards to the suit. Kisakye says that despite the existence of that order and the fact that the matter was ready for hering, the file myteriously went missing to date.
“A complaint was made to the Principal Judge, who instructed the Senior Resident Judge to take action on the matter….In search for the missing file, I was given a document by the Clerk to His Worship Wninda Fred indicating files that were forwarded to Justice Jeanne Rwkakooko and mine was among. My issue is, why did His Worship have to forward the file, that was already given a date to hear the main application to Justice Jeanne Rwakakooko, who had already left the centre yet it was supposed to be heard by Dr. Winfred Nabinsinde? Ws it out of negligence or it was intended? And why has the file gone missing up to now,” Kisakye says.
According to Kisakye, the above two cases “mishandled is only a representation of the so many litigants that are prejudiced by the conduct of His Worship Wninda Fred.”
Kisakye now wants the JSC to investigate Waninda and take disciplinary action “so as to ensure proper administration of Justice at the High Court of Uganda at Jinja and wherever His Worship Waninda Fred may be posted to promote justice.”
