Simon Kaggwa Njala has pointed me to bwana Jude Mbabali’s post on the Bank of Uganda Masaka currency centre situation, which post I suppose was either in response to my article in the New Vision paper of February 7, 2017 or somehow provoked by this my humble piece. I am not one for social media wars. And I certainly do not want to get into one with my Learned colleague, the LC 5 Chairman of Masaka District. But it behooves me to just point out a few issues in response to his:
1. I commend bwana LC 5 Chairman on the work he is doing in his district in monitoring Operation Wealth Creation. Hongera sana bwana Chairman. It appears in this respect, the people of Masaka are lucky to have chosen you for the task. I have no doubt you will deliver.
2. I have especially taken note of the keenness with which you are viewing your tasks and responsibility in Masaka. At this rate, before the five years end, I hope there will be a song calling for an additional kisanja. No doubt you will deliver on your mandate.
That said: a few corrections are in order:
1. I am not a “part time” lecturer of law at Makerere University. I am employed on a full time basis. This, nevertheless, is quite irrelevant to my thoughts on the subject. I suppose though, that the intention was to somehow depict that my knowledge of the PPDA legal regime is wanting, and perhaps that my skills as a teacher of law easily follow suit. Like I said in my piece, everyone has a right to be wrong.
2. I am aware of the amendments to the PPDA Act. I think that my learned friend should take a second look at the sections he is citing. I certainly do not agree that they apply to someone who was not in the employ of the procuring entity or who did not participate in the procurement process. But I do hope that my learned friend will make his submission in the civil matter and I welcome the opportunity for the High Court in Masaka to set one of us correct. Needless to say, if the prosecutors felt they were on solid legal ground, Mr. Mbabali should have counselled them to appeal the ruling. We would then have had the High Court set them straight.
3. I am left wondering how one can sanction activities of an organisation in whose employment he is not. Perhaps we have different understanding of the word “sanction.” More importantly, I do not agree with this interpretation of the law.
4. My views were not on whether Masaka leaders have any disliking for currency centres or the work of Bank of Uganda. The whole thesis of my piece was that if you want to challenge the actions of an organization, do so. This is what Mr. Mbabali as counsel and his client have done. Do not, for political expediency, seek to go after individuals. If I was wrong in my thesis, Mr. Mbabali should be fired for misadvising his client to drop Dr. Kasekende as a named defendant.
5. I do not want to go into what the role of district leadership is or the 12 points that Jude raises. I will just note that I do not see any element that points towards the need for criminal prosecution against the person of Dr. Kasekende. I may not work for the Central Bank and I have not looked at Dr. Kasekende’s contract to see what his job description is. But I seriously doubt that it involves being “Project Implementor” or that even if he was, not calling the LC 5 Chairman stirs the kind of motive that warrants a private prosecution based on corruption allegations.
6. Every action complained of can and indeed ought to be interrogated by a court of law. But to do so, two things are fundamental and foundational: 1. Take the right course of action. This is why I lauded the civil suit and argued that it should have been the course of action in the first place. 2. Set your actions on the right motives.
7. I will not comment on those actions that were not in the four corners of my piece. Those are my learned friend’s views to which he is entitled. I see no point in stirring debate on that front.
Even though he is mistaken in his belief, I am a man of faith and I hope that some day I will have the good fortune of being a close friend to Dr. Kasekende. For now, I wish to thank my learned friend for his good wishes in suggesting that I break bread often with the good Dr. May the God of Heaven favor me to such heights.