BY SIRAJE LUBWAMA.
The High Court (Civil Division) Judge Emmanuel Baguma had set June 15 to decide on the distribution of shs 25bn to 1568 former non-unionized workers of Coffee Marketing Board (CMB).
To date, the surviving elderly beneficiaries or relatives of those who passed away have not received a penny as granted by the Supreme Court may last year.
Setting a new date for the delivery of the final verdict comes after two different law firms of Kampala Associated Advocate (KAA) and Kimanje were in March advised by the Chief Justice Alphanse Owiny Dollo advised the two firms to stop findin and let the beneficiaries get theor entitlements which is in form of costs to the previous Shs29b payment Kiwanuka Kiryowa.
“Following the meeting and advice from the Chief justice Hon. Mr Owiny Dollo, regarding the above matter on the 15 th of march, 2023 and our subsequent meeting with Peter Kimaje nsibambi/Joseph Matsiko on the 17 th of March, 2023 we have decided to consent,” Nsibambi’s letter to KAA which followd th agreement reads.
A section of the ex- workers got more annoyed when Counsel Kimanje who was hred at the Supreme Court stage referred them to Nafutari James Musoke and Solommy Adok who were part of Kabonesa who cheated them in the first payments.
“This Musoke Group extort from us between Shs100,000 and Shs150,000 to open up a new file for each beneficiary and a CMB discharge certificate from relatives of the dead beneficiaries, we have no trust in this group and Kimanje,” said a lady beneficiary on Sunday.
When contacted, Musoke who hired a different office from that of Kabonesa for purposes of processing this money said they only charge a few amount for processes.
On his part, Kimanje advised the ex-workers not to get worried because the money for payment of each beneficiary is computed by the Auditor General, who will considered the complied list of beneficiaries and the period they served.
Supreme Court Order According to the Supreme Court order, the interest is supposed to be computed from November 13, 2009 when they won the Shs29bn led by Basiima Kabonesa who the aggrieved CMB ex-employees gave powers of Attorney.
Confused on who to pay, the PS to the treasurer, Ministry of finance and Economic Development, the paying institution wrote to the Attorney General seeking his clarity and legality on who should be paid the money.
In reply to the Secretary to the Treasurer, his deputy and the Solicitor General, Kiryowa Kiwanuka noted that these affected non- Unionized former employees of CMB and their lawyers from Kimanje have complained severally and renounced Kabonesa as their representative.
“In this case to avoid being dragged in a purely private dispute between the agent and the ultimate beneficiary, I do advice that payments of the Court Decretal sums in the captioned matter be made individually to the beneficiaries.
The 1,568 non-Unionized former employees of CMB Ltd (in liquidation) or their legally appointed representatives,” Kiwanuka’s letter said.
After Supreme Court verdict, a number of beneficiaries who were allegedly initially cheated by Basiima Kabonesa, hired Kimanje Nsibambi advocates and instructed it to block Kabonesa from accessing the second catch alleging Kabonesa who was using KAA had not paid some beneficiaries in the first batch of 29bn paid to them in 2018.
Now the aggrieved ex-workers led by Samuel Kasangaza says because Kimanje people who were formerly working the Musoke group who earlier cheated them, they have chosen Lubogo as their now neutral legal representative.
Their decision is backed by Eng. Balimwezo Ronald Nsubuga an MP for Nakawa East whom January 6 also wrote to the PS, Secretary to the Treasurer who also begged payment to be channel through the lawyer of the ex-workers choice.
“The 1991 group of former CMB employees has never received any payments while the rest of the employees were paid very little by Kabonesa and group with no clear explanation or criteria that is in confirmatory with their period of service and ranks at CMB, Balimwezo’s letter copied to the AG and others say in part.
Background
On July 22, 2015, Justice Stephen Musota in a consent judgment between Kabonesa, Adumo and Musoke versus the Attorney General and CMB in liquidation ordered payment of Shs10.3bn to the non-unionized former CMB employees who were retrenched between the periods 1992 – 1986 as per the verification report of the Auditor General.
Justice Musota also ordered interest of the said money to be paid beginning from the time of judgment.
Uncertified with this the two parties KAA with instructions for Kabonesa and other beneficiaries who hired Nsibambi appealed to the Court of Appeal where they lost the interest to commence on 2009 which appeal KAA wan last May.
In the Supreme Court led judgment read by Justice Percy Night Tuhaise allowed a 35 interest beginning 2009 but disallowed interest on damages but came out with the interest of Shs 25bn to non-unionized ex workers.