KAMPALA: The Attorney General, Kiryowa Kiwanuka, has rejected an executive order issued by Uganda Law Society (ULS) President Isaac Ssemakadde, who sought to expel the Attorney General, Solicitor General, and their representatives from the ULS council.
In a detailed statement, Kiwanuka characterised Ssemakadde’s actions as “not grounded in law,” asserting that the ULS president lacks authority to make such a unilateral decision.
Kiwanuka pointed to Section 9 of the Uganda Law Society Act to clarify that the ULS president and council members do not have the jurisdiction to revoke his or the Solicitor General’s standing on the council.
He stressed that neither Ssemakadde nor any council member possesses the authority to override statutory provisions.
“The president of the Uganda Law Society and the council (or any part of it) have no authority to repeal a provision of the law by purporting to expel the Attorney General and the Solicitor General or their representatives from the Council,” he argued.
Ssemakadde’s Claims of Conflicts of Interest
Ssemakadde’s executive order had levelled serious allegations against Kiwanuka, accusing him of compromising the independence and integrity of his office.
Among the criticisms, Ssemakadde questioned the Attorney General’s capacity to represent both private and governmental interests, claiming it created inherent conflicts.
Specifically, he cited the controversial Namanve-Luzira power line project, suggesting Kiwanuka’s past ties with his former law firm, K&K Advocates, may have influenced his legal counsel on the matter.
In response, Kiwanuka explained that he is on sabbatical from K&K Advocates and not involved in any current business dealings with the firm.
He argued that his professional conduct aligns with the legal precedent set by previous attorneys general, who also retained their partnerships without facing scrutiny from ULS leadership.
“There is no law that requires the Attorney General to terminate any partnerships, professional or otherwise,” he stated. “Past attorneys general have held partnerships without drawing the criticism now levelled by Mr. Ssemakadde and his sponsors.”
Namanve-Luzira Power Line Project Defense
Addressing the Namanve-Luzira power line project specifically, Kiwanuka provided context on his role in the case.
He noted that affected individuals had filed a suit in 2017 against Uganda Electricity Transmission Company (UETCL), the Commissioner of Land Registration, and the Attorney General, claiming ownership rights over land in the transmission line’s path. K&K Advocates had been retained by UETCL to defend the case before he was appointed Attorney General in 2021.
Kiwanuka explained that, upon assuming office, he inherited this ongoing case, representing the interests of both the Attorney General’s office and UETCL, which he deemed aligned.
“How could the interests of the Government of Uganda and those of its implementing agency conflict?” he asked.
He further defended his recommendation for an out-of-court settlement as a necessary step to protect government interests and expedite the completion of a critical infrastructure project.
Additional Allegations and Response
In his critique, Ssemakadde also accused Kiwanuka of abusing his position in other legal matters, such as public compensation cases and litigation concerning northern Uganda’s war debt claimants.
Ssemakadde argued that Kiwanuka’s office had interfered in court-awarded compensations, allegedly favouring certain parties to the detriment of judicial independence.
Kiwanuka dismissed these claims as “wild, unsubstantiated, and belligerent rants,” contending that his role as head of the bar, established by the Advocates Act, grants him legal precedence that Ssemakadde cannot overturn.
Kiwanuka also addressed Ssemakadde’s reliance on a 2012 report by Professor Ssempebwa, which identified a potential conflict of interest for the Attorney General’s position on the ULS council.
Kiwanuka clarified that the report was merely a recommendation for Parliament to consider, not a mandate for ULS to enforce.
“The law cannot simply be disregarded because one holds the view that it is ‘colonial,’” he stated, adding that the ULS president’s executive order is “an exercise in futility” and lacks any binding legal force.
Kiwanuka Warns of Legal Repercussions for Personal Attacks
In closing, Kiwanuka hinted that he might seek legal redress to protect his reputation, calling Ssemakadde’s allegations “sponsored personal attacks” intended to damage the office of the Attorney General.
He expressed concern that what began as criticism has escalated into a “dangerous obsession,” underscoring that he would not permit any attempts to undermine his role through unfounded accusations.
Kiwanuka’s statement concluded with a warning: “While I may have been flattered by the infatuation Mr. Ssemakadde has with me.. I am now concerned that this is slowly degenerating into a dangerous obsession.”
