Magistrate on the spot over missing signature
A magistrate attached to the Standards Utilities and Wildlife Court has been accused of not signing her judgment delivered nearly four months ago, which a dissatisfied convict said has hampered his attempts to appeal.
Mr Jared Oloo Akumu, a Kenyan national, through his lawyers at the Centre for Legal Aid, on February 22 petitioned the Inspector of Courts to intervene so that he can secure certified copies of the verdict.
“… We write to lodge a formal complaint against ... the ... magistrate ... for deliberately frustrating our efforts to retrieve a typed and certified record of the proceedings in which her judicial misconduct was reported to the High Court for revision on 7 November 2022 (nearly four months ago),” the lawyers wrote.
The magistrate in question, whose identity we are withholding for legal reasons, yesterday declined to discuss the matter.
She referred our inquiries to the Spokesman of Judiciary, Mr Jamson Karemani, who told this publication last evening that: “I have not spoken to the judicial officer. I will be able to comment after getting [the] full facts [of the matter].”
Documents seen by this newspaper show that the Criminal Division of the High Court has written to the Chief Magistrate of Buganda Road Court twice, seeking for the files of Jared Oloo Akumu versus Uganda criminal case Number 199 of 2022.
“The above applicant has filed an application at the High Court of Uganda, Kampala, Criminal Division. You are requested to send your file, together with 3 typed and certified copies of the record , as soon as possible, for purposes of hearing the application,” reads a November 22, 2022 letter signed by Deputy Registrar Festo Nsenga.
In another letter dated February 14, 2023 titled, criminal revision number 038 of 2022 arising from Buganda Road criminal case number 199 of 2022 Jared Oloo Akumu (applicant) versus Uganda (respondent), the High Court’s Criminal Division Assistant Registrar Didas Muhumuza repeated a similar request.
Background
Akumu, a resident of Siaya County in Nyanza Province, Kenya, was sentenced to two years’ imprisonment for cyber-stalking Ms Jane Frances Abodo, the director of public prosecutions, and nine months for offensive communication.
He is dissatisfied with the decision, which he said he has failed to challenge in the High Court as he is unable to secure signed copies of the judgment.