The High Court in Kampala has issued a verdict mandating the Judicial Service Commission (JSC) to reinstate grade one magistrate, Latif Abubaker Nakibinge, who had previously been dismissed from the judiciary service on May 17, 2023, for alleged abuse of judicial authority. This decision comes as a result of a ruling delivered by Civil Court Judge Boniface Wamala via email on October 27, 2023.
Judge Wamala found that Nakibinge’s dismissal from the judicial service was conducted in a procedurally improper manner and was disproportionate given the circumstances. He stated that the decision was significantly disproportionate and displayed elements of irrationality and unreasonableness, primarily due to the lack of proportionality in the commission’s decision.
The judge emphasized that it is essential for the sentence to be commensurate with both the offense and the offender. He noted that the Commission’s decision breached this requirement, as the sentence should not be vindictive or overly harsh. The disproportionate exercise of power was considered sufficient to render the Commission’s decision unreasonable.
This ruling by the High Court serves to reinstate Latif Abubaker Nakibinge to his position as a grade one magistrate within the Ugandan judiciary, overturning his prior dismissal by the Judicial Service Commission.