Why Judiciary forced Musene to take leave
Wilson Masalu Musene, Soroti resident judge (left) and Flavian Zeija, Principal Judge. PHOTOS/FILE
What you need to know:
- Justice Musene, who officially retired on March 6, has been winding up any pending chamber work.
On April 20, the Principal Judge, Dr Flavian Zeija, sent on forced leave Soroti resident judge Wilson Masalu Musene ahead of his retirement.
In his letter, the Principal Judge explained that whereas Justice Musene had three extra months to wind up pending chamber work, it was necessary that he went on annual leave for the remaining 52 days.
Justice Musene officially retired on March 6, 2021 after clocking 65 years. However, the Constitution allows him three more extra months to wind up any pending chamber work.
“Following your retirement on the March 6, 2021, I am cognisant of the provision in Article 144c of the Constitution, which provides for continuation in office for a period of three months to enable completion of any work. However, I am sending you on annual leave for the remaining 52 days in accordance with Section C b, paragraph 17 of the Uganda Government Public Service Standing Orders, 2010, and the leave takes immediate effect,” Dr Zeija noted in his correspondence to Justice Musene.
He added: “You are hereby requested to hand over office and government property in your possession in line with Section F-d of the Uganda government Public Service Standing Orders 2010.”
Whereas the Principal Judge gave no official reason for Justice Musene’s forced leave, highly-placed sources within the Judiciary intimated to this newspaper that the judge was forced out because he was taking on new cases when he was expected to use the remaining short period to complete pending work.
“It was reported that he (Justice Musene) was taking on new cases during the three months period after retirement yet the said period is to complete pending work as ascertained by the Principal Judge and the registrar of the court,” a source said, asking not to be named for lack of authority to speak on the matter to the press.
Justice Musene, speaking to this newspaper yesterday, however, said he had not taken on any new case files as alleged, leaving open to interpretation the reason for his forced leave.
“It is okay to go on annual leave. About me taking on new files, no…no, those are just lies,” he said by telephone.
USA sanctions
In August 2020, the United States government, through the US Department of Treasury, imposed financial sanctions and visa restrictions on Justice Musene alongside retired Justice Moses Mukiibi, advocate Dorah Mirembe and her husband, Patrick Ecobu. They were indicted for their alleged involvement in activities that victimised young children in a corrupt adoption scheme.
The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) in its 2020 statement noted that the trio participated in a scam that saw young children removed from their families in Uganda and placed into a corrupt adoption network, aided by the facilitation of officials.
The Judicial Service Commission, a government body that recruits and disciplines errant judges, is still investigating Justice Musene and the group over the allegations, which the former denies.
Background
In August 2020, the US government, through the US Department of Treasury, imposed financial sanctions and visa restrictions on Justice Musene alongside retired Justice Moses Mukiibi, advocate Dorah Mirembe and her husband, Patrick Ecobu. They were indicted for their alleged involvement in activities that victimised young children in a corrupt adoption scheme.
