Mpokya forest: Army officer, Lt. Col David Kabareebe on spot over shs22bn compensation


Lawyer David Mushabe in trouble. Capital Times photo.

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Kampala – 16, June 2020: A serving army officer has his job hanging on a knife edge and could soon be answering numerous questions from The Commander-in-Chief General [Ssabalwanyi] Yoweri Kaguta Museveni, President of Uganda.

“Our attention has been drawn to the letter circulating on social media dated the 25th day of May 2020 authored by Lt. Col David Kabareebe relating to the above captioned subject matter. Your Excellency, the letter dated 25th May 2020, was addressed to you with a request to among others to direct the Ministry of Finance to pay Uganda shillings 22bn through Ms Mushabe Munungu and Co. Advocates,” the letter reads in part.

This is the opening paragraph of a petition from City lawyer, Geoffrey Nangumya of Nangumya and Co. Advocates dated 10th June 2020 challenging a move by Col. Kabareebe in connivance with lawyer David Mushabe to defraud government through President Museveni and State House.

From the strongly worded dossier to Rais [President] Museveni, a copy of which TND News since  got, City lawyer Nagumya avers that Lt. Col. David Kabareebe was together with other residents who are all beneficiaries of the ruling in miscellaneous No.555 of 2019 which directed that Uganda shillings 22,044,807,040 billion be paid to Mushabe, Munungu and Co advocates. But according to this law firm, other beneficiaries who are not part to the miscellaneous application No. 555 of 2018 opted to apply to Court to review its decision and stay any payment until when Court decided the application for review.

However, even after a meeting was arranged to fix the anomaly by way of petition by aggrieved beneficiaries to President Museveni through Ms Fora Kiconco who heads the legal department at State House, the City lawyer says Lt. Col. Kabareebe who didn’t attend, started using a different law firm and wrote to President Museveni, beseeching the President to expedite the payment with intent to defraud the other beneficiaries.

“It is therefore legally and morally wrong for Lt. Col. David Kabareebe, a party to all Court proceedings pending before Court to intentionally mislead, the Fountain of Honour to act on false information and bring the entire Presidency in disrepute once again. Your Excellency, we have studied the contents of that letter and it is very unfortunate Lt. Col. David Kabreebe has intentionally suppressed and omitted relevant facts with view to mislead you,” the lawyer tells Museveni in the letter seen by TND News.

This digital newspaper has since established that Lt. Col. Kabareebe is one of the beneficiaries of the Mpokya/Kibaale compensation of shs22bn, but was harbouring ill intention against his co- beneficiaries who he deliberately left out of the Court judgment that awarded the said sum.

Those co-beneficiaries then went to Court through their lawyers of Nangumya and Co. Advocate and Bashasha and Co. Advocates and indeed Lt. Col. Kabareebe together with their lawyers of Mushabe consented the payment should be stayed pending determination of all cases in respect of this compensation.

Counsel Nangumya reasoned that Kabareebe’s letter is only intended to intimidate, malign and interfere with the independence of the Judiciary in light of pending Court proceedings. He says Lt. Col. Kabareebe’s intention is also to make sure that shs22bn is paid through Mushabe, Munungu and Co. Advocates without the knowledge of other claimants.

The lawyer says Lt. Col. Kabareebe wrote a lopsided letter to President Museveni asking him to direct that payment be made through the law firm of Mushabe Munungu yet he was aware of pending cases in Court.

This concern comes after Lt. Col. Kabareebe’s letter to President Museveni circulated on social media just a few days before when Court was slated to deliver a ruling regarding this case. To his dismay, the ruling, which was supposed to be delivered last week, was adjourned for another full month.

“We sincerely believe that Lt. Col. Kabareebe’s letter was written in bad faith and with a sole purpose of misleading you by suppressing facts relevant to the issues before court. Further, the conduct of Lt. Col. Kabareebe, a serving military officer to intentionally mislead The Commander-in-Chief of the armed forces, is a form of indiscipline for which he should be disciplined,” the letter reads further.

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Meanwhile, according Nangumya, Lt. Col. Kabareebe is one of the beneficiaries of the Mpokya/Kibaale compensation of shs22bn, there are fellow beneficiaries who had been left out of the Court judgment that awarded the said sum. Those co-beneficiaries went to Court through their lawyers of Nangumya and Co. Advocate and Bashasha and Co. Advocates and indeed Lt. Col. Kabareebe together with their lawyers of Mushabe consented the payment should be stayed pending determination of all cases in respect of this compensation.

He further states that they were even invited for a meeting by the State House Legal Department, but Lt. Col. Kabareebe didn’t attend. Instead, he took to maligning him and the law firm of Bashasha that they had embezzled shs10bn from the said compensation.

ofrank@tndnewsug.com


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