The High Court in Kampala has given a green light to the Kingdom of Denmark to go after Centre for Constitutional Governance headed by Sarah Bireete over mismanagement of donor funds.
The ruling follows a 2020 suit filed by the Democratic Governance Facility(DGF) suing through the Royal Danish Embassy for recovery of funds and assets that Centre for Constitutional Governance, Okwiri Rwaboni and Hellen Kakwenzi had received but failed to account for.
When the suit was filed in 2020, the respondents raised an objection and the Danish Embassy was struck out leaving only DGF.
However, in 2023, DGF’s operations in Uganda ceased.
Consequently, the Danish Embassy applied to court to take over the matter against Centre for Constitutional Governance.
The embassy told court that at all times, it has been legally responsible for DGF on behalf of development partners who authorized the Danish government to take over authority and responsibility for all matters relating to DGF which had not been solved by the time it left the country.
In her ruling, High Court’s Justice Anna B. Mugenyi okayed the substitution of Democratic Governance Facility (DGF) with the Kingdom of Denmark since it is a normal practice.
“Courts have overtime allowed the substitution of parties to the suit where such substitution will not prejudice the other party and it will enable the resolution of the main issues in dispute,” Justice Mugenyi said.
“I, therefore, agree that once a diplomatic agent enjoying immunity initiates proceedings, then they are precluded from invoking the same from any counterclaim directly connected to the principal claim.”
She dismissed claims that CCG and other respondents would be prejudiced by the substitution, noting that they have the right to file a counterclaim against the Kingdom of Denmark.
