The High Court in Kampala has ordered former Inspector General of Police (IGP), Gen. Kale Kayihura to file a written statement against allegations that he denied a serving police officer leave so that he could contest as Member of Parliament for Tingeyi Constituency in Kapchorwa district in Eastern Uganda.
In a civil suit filed at the High Court, on March 26, Nelson Mungasa, who is serving as the top detective at Bugolobi Police Station in Kampala, said he tried to resign in order to participate in elective politics, but the ex-IGP could not grant him his wish.
“You are hereby required to file a written statement of defence within 15 days from the date of service of summons on you in the manner prescribed,” says part of the letter sent to Kayihura on March 26.
The plaintiff says Kayihura action denied him an opportunity to serve his people by providing them political leadership. Mungasa is said to have written a letter in 2015, a few months before kick of the campaigns.
“The defendants’ actions were unlawful, unconstitutional and amounted to abuse of office and the same were intended to deprive the plaintiff of his constitutional and fundamental rights to, inter alia, participate in the governance of his country,” he states.
Mungasa said his application was unsuccessful because Gen Kayihura usurped the powers of the Police Council and unilaterally rejected his request.
He then petitioned the ministry of Affairs that wrote to Gen Kayihura to re-consider his decision, but Kayihura refused to change his mind on the matter.
Three years ago, Gen. Kayihura informed the Electoral Commission that Mungasa, contrary to his claims, had been illegally participating in politics before official discharge from the Force, thereby offending various sections of the Police Act.
According to Kayihura side of the story at the time, the purported resignation letter was a mockery Mungasa to cover up his offences.
The registered case is civil suit No.1120 of 2018.
Court orders Kayihura to file defence against policeman
