The High Court in Kampala has directed the Judicial Service Commission (JSC) to reinstate Latif Abubaker Nakibinge, a grade one magistrate who was dismissed from the judiciary service on May 17, 2023, over allegations of abusing his judicial authority.
The ruling, delivered via email on October 27, 2023, by Civil Court Judge Boniface Wamala, declared that the JSC’s decision to terminate Nakibinge’s employment was flawed, both procedurally and in terms of its proportionality given the circumstances of the case.
Judge Wamala concurred with Nakibinge’s argument, emphasizing that the Commission’s decision was grossly disproportionate. He expressed concerns about the lack of proportionality in the decision, suggesting that it bordered on irrationality and unreasonableness. The court found that the punishment should match the offence and the offender while not being vindictive or unduly harsh. In this case, the Commission’s actions breached these principles, rendering their decision unreasonable.
This ruling sheds light on the case of Latif Abubaker Nakibinge, a magistrate who faced dismissal from his position due to allegations of financial misconduct and abuse of judicial authority. The decision to dismiss him was reached by the disciplinary committee of the Judicial Service Commission on May 17, 2023.
The crux of the matter lies in the perceived disproportionality of the decision to dismiss Nakibinge. The High Court, through Judge Wamala, found that this decision was procedurally improper and unsuitable given the circumstances surrounding the case. While maintaining the importance of justice and accountability within the judiciary, the court emphasized that any punitive measures must be proportionate, not vindictive, and should consider the offender’s role and the nature of the offense.
By ruling in favour of Nakibinge, the High Court sends a message that it will not tolerate actions that are grossly disproportionate, irrational, or unreasonable in the realm of judicial authority.
