Complainants involved in a legal battle with the Government and TotalEnergies EP Uganda over land acquisition have filed a petition with the Judicial Service Commission (JSC), alleging bias against Justice Jesse Byaruhanga. The complainants, represented by Kiiza and Company Advocates, claim that Justice Byaruhanga delivered a ruling just four days after the case was filed and showed favoritism toward the government and TotalEnergies.
Lawyer Eron Kiiza argues that the swift ruling and the judge’s refusal to hear their side of the case indicate bias, judicial misconduct, incompetence, partiality, gross irregularity, and an abuse of judicial office. The case involves the Attorney General filing against 42 individuals whose land is being compulsorily acquired for the Tilenga oil project.
Kiiza contends that the ruling, which allowed the government and TotalEnergies to evict and take possession of over 59 acres of land before compensating the affected people, goes against Article 26 of the Constitution. The complainants are seeking disciplinary action against Justice Byaruhanga and request the JSC to bar him from handling matters related to oil and compensation in the High Court.
The petition, dated December 18, 2023, urges the JSC to investigate what the complainants perceive as unmistakable judicial bias, partiality, unprofessionalism, and incompetence displayed by Justice Byaruhanga. The affected individuals include Kisembo Rugadya, Jealousy Mugisa Mulimba, Pityedi Mugisa, Wendi Mulinda, Moses Byarufu, Fred Mwesigwa, Sarah Atuhairwe, among others.
In response, the Judiciary spokesperson, James Ereemye Mawanda, acknowledged the complainants’ right to petition the JSC for investigation. He emphasized that if a party is dissatisfied with a court decision, the legal framework allows for an appeal to address their concerns.
