AG Kiwanuka defends Uganda's first family in court over clinging to power

Attorney General (AG) Kiryowa Kiwanuka has defended in court three members of the First Family who were sued for allegedly entrenching their family rule, thereby turning the State into a personal or family enterprise.

Those defended before the Constitutional Court in the November 15 response are Ms Janet Kataha Museveni, the First Lady and Minister for Education, her son, Gen Muhoozi Kainerugaba, who doubles as the Chief of Defence Forces (CDF), and Gen Salim Saleh, the younger brother of President Museveni whom the petitioner claims is the defacto deputy head of State wielding a lot of power.

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The trio was sued by lawyer Gawaya Tegulle in September.

Core to the Attorney General’s response is that Mr Tegulle’s petition does not raise any issues warranting a constitutional interpretation.

The government's chief legal adviser also says the courts of law shouldn’t be used as an arena for political discourse to attack a section of certain people since they are also citizens with the right to hold certain positions.

“The respondents (sued First Family members) shall at the trial, raise preliminary points that the instant petition does not disclose a question for constitutional interpretation, as it does not disclose the acts or omissions warranting interpretation of the Constitution to resolve,” the response of the Attorney General reads in part.

Adding: “The respondents further contend that this petition is an abuse of the court process for using the court as an arena for political discourse and to attack a section of people. The actions of the Petitioner are offensive in law and discriminatory against the 1, 2nd, and 3d respondents who are citizens of Uganda with a constitutional duty and right to participate in the affairs of the country without being subjected to discriminatory attacks by the petitioner (counsel Tegulle).

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In his petition, Mr Tegulle states that the entrenchment of family rule in Uganda by the First Family could turn Uganda from a republic into a monarchy-cum-oligarchy or feudal state or generally some authoritarian entity in which one family is, for all intents and purposes, firmly established as lords and kings or royalty by whatever name called, while citizens, to whom all power belongs, as per the Constitution, are turned into nothing more than vessels.

Further, he says that having several members of the First Family in critical areas of the State machinery, wielding power, and accessing State resources has the effect of creating and entrenching family rule, thereby “turning the State into a personal or family enterprise”.

Mr Tegulle argues that this kind of running State affairs is undemocratic, anti-competition, corruption, unconstitutional, and amounts to the capture of State power.

Ms Museveni was sued for continuously snubbing appearing before Parliament and facing the MPs, the people’s representatives, unlike other line ministers.

But in defending the First Lady, the Attorney General insisted that the First Lady attends parliamentary sessions.

With the filing of the response, the court is now expected to set pre-hearing dates to address any legal issues before a proper hearing can be conducted by a panel of five justices.