Magistrate probed over digital ruling
Mr Muhammad Ssegirinya (L) and Muzamiru Katumba (R) under their umbrella organisation patriotic Ugandans carry television sets to petition the Speaker of parliament Rebecca Kadaga over digital migration in June. FILE PHOTO
KAMPALA- The Judicial Service Commission (JSC) has commenced investigations against Mengo Grade One Magistrate Samuel Moses Kagoda, who temporarily interfered with digital migration last month.
The investigations by JSC, a government body that recruits and disciplines errant judicial officers, followed a complaint filed by the Uganda Communications Commission (UCC).
“We acknowledge with thanks receipt of your complaint dated July 28, 2015 lodged against His Worship Kagoda, the Grade One Magistrate at Mengo. The commission has commenced investigations into the matter and you will soon be informed of the outcome,” JSC wrote in a response to UCC’s complaint.
Speaking to this newspaper yesterday, Mr Kagole Kivumbi, JSC secretary, explained that the commission is investigating how Magistrate Kagoda handled a file that was not initially allocated to him.
UCC in its complaint observes that the short-lived order by magistrate Kagoda had a negative impact on the nation’s image abroad and that if the order had lasted longer, Uganda would have been required to pay hefty fines for failing to meet the internationally agreed deadlines.
UCC pointed out that on the practical side, the switch back to analogue would have created a crisis of an international dimension as it would cause interference in the radio frequency signals.
“The conduct of the judicial officer in hurriedly granting orders that have far reaching implications on the country without giving the commission an opportunity to be heard, is to say the least suspect….,” reads in part the complaint by UCC to JSC
“Such actions have been condemned by the Principal judge and higher courts and most importantly infringes on the commission’s fundamental constitutional right to a fair hearing. Its therefore our prayer that you condemn this kind of action that bears a negative image on the judicial process,” UCC prayed.
Despite Court setting aside magistrate Kagoda’s orders, Mr Mugabi has since filed a suit before the High Court to challenge digital migration. The case is pending before the court.
