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High Court Registrar Fighting to Block Disciplinary Proceedings against Her

Registrar Nakibuule who is currently attached to Nakawa High Court in Kampala, is accused of recalling a warrant judgement of attachment of plots in respect to high court case involving one Diana Asiimwe Justine Vs Dr Aggrey Kiyingi in which she had given otherwise.
Deputy High Court Registrar Gladys Nakibuule Kisekka has run to the Constitutional Court to block disciplinary charges and proceedings instituted against her by the Judicial Service Commission (JSC).

 

The registrar is facing charges and disciplinary proceedings for allegedly abusing her judicial authority in the course of her duties.

 

Registrar Nakibuule who is currently attached to Nakawa High Court in Kampala, is accused of recalling a warrant judgement of attachment of plots in respect to high court case involving one Diana Asiimwe Justine Vs Dr Aggrey Kiyingi in which she had given otherwise.

 

The recall of the warrant judgment that she had earlier given, happened in 2009 when she was the deputy registrar attached to Commercial Court.

 

The judicial officer in her complaint claims that the charges and disciplinary proceedings preferred against her by the JSC are unfounded in law and unconstitutional.

 

To that effect she states in the petition that she declined to plead to the charges before the Disciplinary Committee of the JSC though the committee recently ruled otherwise.

 

Nakibuule defends herself in the petition that the act of recalling warrants by judicial officers is a common and lawful judicial practice and once it has happened, it doesn’t amount to judicial misconduct at all as she is being quizzed over the same.

 

She explains that if a recall happens, the aggrieved party can seek remedies through known legal recourses in law before competent courts but not by taking away her judicial immunity and holding her personally liable for actions she did as a judicial officer.

 

She also contends that there is no complainant to this case and that the complainant has never physically appeared before the JSC though the disciplinary committee ruled that the complainant is existent.

 

She is therefore seeking for an order to quash and expunge from the public records the charges and disciplinary proceedings by the JSC against her.

 

In the same petition, Nakibuule is asking for a permanent injunction against the JSC and its disciplinary committee, agents restraining them from continuing with the disciplinary proceedings.

 

In her petition, she is also challenging the provisions of the JSC that empower the Chief Registrar to interdict any judicial officer at his discretion if they are facing disciplinary proceedings, saying the provisions are against presumption of innocence and it’s against several articles of the constitution.

 

Through her lawyers of  Muwema and Mugerwa advocates and solicitors, the registrar wants the Constitutional Court to also stop the JSC’s interviews and recruitment process of judicial officers where she is an eligible candidate until the hearing and final disposal of this matter.

 

She also wants general damages awarded to her saying she has suffered for being inconvenienced, suffered mental anguish and injury occasioned to her.

Court is yet to sit and hear her petition.

 

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