MUKONO-UGANDA/NEWSDAY:Lawyer Caleb Alaka is under under fresh new humiliation after imposing himself into the case in the murder of a Makerere University student Desire Mirembe, in 2017 as lead counsel but fired by the presiding judge.
Alaka is not new in the client representative saga. In 2018 he was fired when he forced himself in a court martial case against Gen Kale Kayihura.
In Mirembe’s case ongoing in Mukono High court, her father, Emmanuel Musoke complained to presiding judge Justice Henry Kaweesa Isabirye after Alaka showed up and Evans Ochieng as defense lawyers in the case against suspected murderer Mathew Kirabo.
“I write to register my complaint against the appearance and participation of Counsel Caleb Alakaa and Evans Ochieng,” Musoke wrote in a January 15 letter.
He based his complaint on the fact that when Caleb first appeared, he came as an assistant to lead counsel Opwonya but during the subsequent court sessions, Alaka has taken a lead role.
“In the premises, the question is with the absence of the accused, who has appointed Alaka and Ochieng? How come there was no official change of advocates or notice of joint instructions filed?’ Musoke asked.
Citing section 77 of the advocates’ professional conduct, regulations, that bars advocates from representing clients unless they receive instructions.
On this note, Sisimuka Uganda founder and CEO Frank Gashumba questioned whether Alaka doesn’t really know the whereabouts of Kirabo.
“How do you come to represent someone you are not speaking to? Alaka must know the whereabouts of Kirabo,” Gashumba said.
State attorney, Happiness Ainebyona also raised a red flag, asking for court guidance since Alaka and Evans Ochieng had joined the case as defense unceremoniously.
Ainebyona noted that the two lawyers were deliberating like they head the defense team, yet they were never introduced to the court and what their roles on the team are.
In his response, counsel Charles Dalton Opwona who has been leading the defense team noted that he and his colleague; Ali Hassan Kato had decided that they need help given the heavy work on the case hence adding Caleb Olaka and Evans Ochieng to the team as their assistants.
After listening to both sides, the judge ruled that Olaka and Ochieng stick to their role of assisting Kirabo’s defense team.
In Musoke’s letter, he pointed out that Kirabo could challenge the verdict if it was entered with Alaka not officially appointed as his defense advocate.
In Monday’s court sitting, justice Isabirye ordered parties in the trial of Matthew Kirabo for the alleged murder of his girlfriend and former Makerere University medical student, Desire Mirembe to file written submissions.
Background
Kirabo is accused of murdering his girlfriend Desire Mirembe, 19, on July 10, 2015, and dumping her body in Lugazi sugarcane plantations in Buikwe district.
The body was recovered on July 11, 2015. Kirabo then confessed to the murder and was charged in Jinja High court, which remanded him to Nalufenya prison in Jinja.
The case was then moved to Mukono High court on the instructions of the then principal judge Yorokamu Bamwine after the state complained that the crime had been committed under the jurisdiction of Mukono High court. On October 6, the High court in Mukono finally started hearing the case after 6 years.
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