According to investigations by the Inspectorate of Government or IGG the High Court Judge Justice Elizabeth Kabanda, allegedly took money meant for allowances for her former driver and bodyguard. “Her Lordship in our recommendation should refund 340,000 shillings which she was paid wrongly as she worked fewer days than she was paid for. And 290,000 shillings should be paid to her former driver and her former bodyguard.” Said, Mariam Wangadya – Deputy Inspector General of Government. NTV has established the payment system in the Judiciaries such that the allowances of the auxiliary officers like bodyguards and drivers are wired to the bank accounts of the principal they work for in this case the bank accounts of the Judge.
The IGG’s report of 23rd January indicated that when the dual escorted Justice Kabanda to Mpigi High Court in September 2016 and Mubende High Court in 2017, the Judge did not remit their pay including night allowances, transport refund, up-country travel, leave supervision and settlement allowances. “It is true they had been paid less than what was due to them and that actually the Judge herself had been overpaid by allowances for two days and we have recommended that this money is recovered from her.” Said, the Deputy IGG. However, two weeks ago, Kabanda through her Lawyer Fred Muwema of Muwema & Co. Advocates petitioned the Constitutional Court saying the Inspectorate of Government was overstepping its powers investigating a matter outside the IGG’s jurisdiction. “Will actually help the petitioner’s case because the petitioner’s case is that the IGG is usurping the powers of the Judicial Service Commission and other bodies that have got disciplinary control over Judges. So this is further evidence of that usurpation of power.” Said, Fred Muwema – Justice Kabanda’s Lawyer.
Muwema has also rubbished the IGG’s report saying it was written after petitioning the Constitutional Court. “It is pleasantries and it’s an interference with work of the Constitutional Court.” One of the key services of the Judicial Service Commission is to handle cases of indiscipline among Judicial Officers including Justices of the Supreme Court and Court of Appeal, Judges, Registrars, and Magistrates. “And it is for the Constitutional Court to determine whether the IGG has got disciplinary powers over a Judge of the High Court or any Judge for that matter. And the other key thing that we would like the Constitutional Court to determine is whether the IGG can take away the self-accounting powers of the Judiciary? Because the Judiciary happens to be one of those Constitutional Institutions.” Said, Fred Muwema – Kabanda’s Lawyer.
The IGG maintained that this case fell under its jurisdiction. “Under Chapter 30 of the Constitution and under the Inspectorate of Government Act to investigate all public officials for alleged acts of corruption and we have the mandate to enforce accountability among leaders.” Anyone with a complaint can write to the Chief Justice, the Principal Judge, the Judicial Service Commission, the Inspectorate of Courts and any member of the Cabinet. The IGG’s report also directs the Judiciary also to recover 3,010,000 from Geoffrey Kyagwe the Accounts Assistant at Mpigi High Court where Justice Kabanda worked.
The Inspector General of Government has instructed Justice Elizabeth Kabanda of the High Court to refund 290,000 shillings which she allegedly failed to pay her bodyguard and driver as allowances after receiving the money on their behalf. A report by IGG indicates that the judge did not remit the money to her assistants after conducting criminal sessions in Mpigi and Mubende.
