Inside Ochieno’s 38-Month Hunt for Justice

Summary:

• Joseph Ochieno, a member of the Uganda Peoples Congress (UPC), has been waiting for a court ruling on his case challenging the party’s December 2020 elections for 38 months. Despite numerous adjournments and reallocations to different judges, a ruling has yet to be made, leading Ochieno to suspect a conspiracy. The Judiciary spokesperson dismisses this claim, citing the complexity of the case.

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KAMPALA, (Examiner) – The Uganda Peoples Congress (UPC) has been embroiled in a leadership dispute for several years, with Mr. Joseph Ochieno being one of the key protagonists. In December 2020, the party held elections, which saw Mr. Peter Walubiri declared the winner. However, Mr. Ochieno contested the outcome, alleging electoral manipulation and rigging. He filed a case for a judicial review, seeking a declaration that he was the elected president of the party and an injunction restraining Mr. Jimmy Akena from presenting himself as president. The case has been pending for 38 months, with numerous adjournments and reallocations to different judges.

The Case

Mr. Ochieno filed his case on March 17, 2021, seeking a judicial review of the December 2020 elections. He alleged that the election was marred by irregularities and that he was the rightful winner. The case was first allocated to Justice Phillip Odoki, but it was adjourned several times due to various reasons, including the COVID-19 pandemic and the judge’s unavailability.

In September 2022, the case was reallocated to Justice Douglas Singiza, who heard the matter but failed to deliver a ruling. Justice Singiza subsequently recused himself from the matter, citing Mr. Ochieno’s complaints against him. The case was then reallocated to a new judge, Justice Musa Ssekana, for further management.

Delays and Adjournments

The case has been pending for 38 months, with numerous adjournments and reallocations to different judges. Mr. Ochieno has expressed frustration and concern about the delay, suggesting a possible conspiracy to deny him justice. He has written a protest note to the Principal Judge, Ms. Flavian Zeija, raising concerns about the delay and seeking an explanation.

The Judiciary’s Response

The Judiciary spokesperson, Mr. James Jumire Ereemye, has dismissed talks of conspiracies against UPC. He stated that the Judiciary does not conspire with other political parties or individuals and that all parties before the court are treated equally. He attributed the delay to the complexity of the case and the need for thorough consideration of all evidence presented.

Background

This is the latest development in a series of twists and turns from a script that has been playing out at the UPC since 2015 when the party sought to organise an inclusive election exercise which resulted in the declaration of Mr Akena as the party’s president. Justice Yasin Nyanzi of the High Court subsequently declared Mr Akena’s election null and void. The Court of Appeal dismissed his appeal in September 2020, but that was three years after the High Court had pronounced itself on the matter. The Supreme Court also ruled against him on October 13, 2023.

Mr Walubiri was sworn in as party president on December 28, 2020, but Mr Ochieno sought both a declaration that he was the elected president of the party and an injunction restraining Lira Municipality MP, Mr Jimmy Akena, from “parading and presenting” himself as president of UPC and occupying the party’s headquarters at Uganda House.

Court documents indicate that the case was first allocated to Justice Phillip Odoki with the hearing set for July 14, 2021, but was adjourned following the decision by the government to place the country under a second nationwide lockdown as a Covid-19 containment measure. The hearing was then set for February 23, 2022, but the parties were told that there was a mistake. The hearing was then rescheduled to March 23, 2022, but it still did not happen as the judge was said to be away on a tour of Northern Uganda. The parties were then informed that the hearing would take place on September 13, 2022. The hearing still did not take place but it was announced the same day that the case had been reallocated to Justice Douglas Singiza, who promptly heard the matter.

What’s Next?

As the wait for a ruling continues, all eyes are on the Judiciary to deliver a fair and just outcome. If the court rules in favor of Ochieno, it could lead to a new leadership era for the UPC, potentially impacting the party’s stance on key political issues. On the other hand, if the court upholds the current leadership, it may lead to further internal conflicts and power struggles within the party. Regardless of the outcome, the prolonged delay has already raised concerns about the independence and impartiality of the Judiciary, highlighting the need for reforms to ensure timely and efficient justice delivery in Uganda’s political disputes.