Justice delayed is justice denied: Justice Frank Namanya on the spot!
When 11 peaceful activists left their homes on April 23rd to go to KCB Bank Uganda to deliver a petition expressing their opposition to the bank’s support for the East African Crude Oil Pipeline (EACOP), none of them knew it would be weeks before they came back home.
It was supposed to be a simple exercise: call the media to express why they opposed this controversial project, go to the bank, meet with someone senior, or simply hand over their letter and go home. What could go wrong? Except everything went wrong.
At the bank, they met no opposition. In fact, one of the bank staff welcomed them to the basement of the bank for a discussion—there’s a picture of all of them in this basement, seated on leather seats in anticipation—but instead, they were ambushed by the police, and just like that, it’s been nearly two months since that fateful day.
What started out as active citizens exercising their constitutional rights has turned into a nightmare.
Shortly after their arrest, they were charged with criminal trespass, which was quite a departure from what has now become the norm whenever activists are arrested in Kampala. In the past, public nuisance has been the most referenced charge, but choosing to charge these activists under a criminal charge—even if it is trespass—perhaps should have indicated that there was something different about this case.
What stands out in this case is the outright hostility from the court. Twice they had been denied bail under unclear circumstances, and on this occasion, June 12th, their lawyers requested that the case be dismissed because the prosecutor had no witnesses. Despite the state attorney not objecting to the request, Magistrate Frank Namanya refused, claiming that criminal trespass was a serious offense. However, their lawyers argue that criminal trespass is a minor offense.
The actions of this magistrate are the focus of this blog and confirm a public secret: the Ugandan judiciary is not independent and is being weaponized to undermine justice. This is a public secret because the Ugandan Parliament has also sharply criticized the judiciary for undermining justice, warning them about losing public trust.
Indeed, this is not an isolated case. There is not a single instance where activists opposing the EACOP project have had a fair hearing. The cases drag on for weeks, some for more than a year, only to be dropped for lack of witnesses.
One can therefore conclude that the objective is not to dispense justice but to intimidate the activists through a prolonged court process that keeps them anxious and serves as a warning to others intending to voice opposition.
As the eleven activists—now known as the #KCB11—wait for the next hearing, Judge Frank Namanya and other judicial officers undermining justice continue to go about their lives without a care in the world.
Join us in demanding that:
The Uganda Law Society investigates its officer, Judge Frank Namanya, and ensures that members of their bar association live by their oath of office.
There is an end to the use of the judiciary as an important institution to delay justice for climate and environment defenders.
There is accountability from the KCB Group, particularly KCB Uganda, for its role in enabling this abuse.
Please click here for the press release we’ve sent out to the media.
