Jinja estranged RDC Eric Sakwa has dragged to Court Hajji Yunus Kakande (Secretary to the Office of the President) who wrote his interdiction letter demanding to know who he is regarding his job as President’s representative in Jinja. In draft court papers that Mulengera News has seen, Sakwa is filing a judicial review application in which he challenges the manner in which he was interdicted and the procedure Kakande purported to follow.
In legal practice, Judicial Review is the remedy under which a person dissatisfied with an administrative decision proceeds to challenge the same before the a Court of competent jurisdiction. It’s a remedy provided for under the Constitution Article 42 and the Judicature Act. In Judicial Review applications, the aggrieved citizen challenges not the decision but the procedure and manner in which the same was arrived at.
Sakwa asserts he is a political appointee and not a civil servant to whom the public service standing orders, which Kakande quotes in his interdiction letter, don’t apply. That he is specifically governed by terms of service disclosed in his instrument of appointment under the provisions of the Local Government Act.
That even the manner in which Kakande’s interdiction letter was delivered to him was anomalous and strange because on Friday 8th May, Sakwa stumbled on a stranger who served it unto him just outside his offices in Jinja. Sakwa says Kakande has no authority over him and that in the alternative, it was improper for the seasoned PS to act without hearing him first. That this Kakande way of acting contradicted rules of natural justice the very reason Sakwa says the entire decision must be challenged.
Sakwa further contends that Kakande, as Secretary Office of the President, can only interdict him while acting on the directive of the President who appointed and made him RDC Jinja. That failure to disclose anywhere that the interdiction letter was authored on orders of Gen Museveni or in consultation with him makes Kakande’s resultant letter a nullity which Sakwa wants court to quash and have him fully reinstated. Sakwa avers that Court must urgently intervene because he continues to agonize as a result of the relentless threats Hajji Kakande has continued communicating to him while vowing to humiliatingly evict him from his office as Jinja RDC.
Credit: mulengeranews.com
