The High Court at Jinja on Wednesday, May 20th issued an interim order reinstating the embattled Jinja Resident District Commissioner, Erick Sakwa.
In a May 4, letter signed by the Secretary in the Office of The president, Hajji Yunus Kakande, Sakwa interdicted and ordered to hand over office to the District Internal Security Officer, Fred Musoke.
He was interdicted to pave for investigations into the manslaughter and robbery charges that he is currently battling in court.
Sakwa who continued with his work after receiving the interdiction letter, one day found his office locked.
The RDC ran to court seeking stoppage of his eviction and challenging his interdiction.
In a Wednesday court order, the Deputy Registrar of the High Court at Jinja, Fred Waninda ordered that Sakwa should remain in office until the main case in which he challenges his interdiction is disposed of.
“An interim order is hereby issued restraining the respondents or their agents from evicting the applicant from office of RDC Jinja district or from anyway interfering with his job, work and functions as RDC or from and his emoluments accruing to his office as RDC pending the final disposal of the application for a temporally injunction,” reads the interim order.
Sakwa on Wednesday May 13, 2020 filed an application in which he sought a judicial review, challenging the manner in which he was interdicted.
Judicial Review is the remedy under which a person dissatisfied with an administrative decision proceeds to challenge the same before the Court of competent jurisdiction. This is provided for under Article 42 of the Constitution 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.
In his application where the Attorney General, William Byaruhanga and the Secretary to the Office of the President, Hajji Yunus Kakande are the respondents 1 and 2 respectively, Sakwa is praying for cancellation of his interdiction from office issued by 2nd respondent.
According to the application, Sakwa also challenges the procedure Kakande purported to follow.
In the affidavit, Sakwa says he is a political appointee and not a civil servant to whom the public service standing orders, which the 2nd Respondent quotes in his interdiction letter apply.
He further asserts 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. He recalls that on Friday 8th May, a stranger served the interdiction letter unto him just outside his offices at Busoga square.
He says the manner in which he was interdicted contradicts the rules of natural justice because he was never heard prior to it.
Sakwa contends that Kakande, as Secretary in the Office of the President, can only interdict him on the directive of the President who appointed and made him RDC Jinja.
He also asserts that the May 4 interdiction letter does not disclose anywhere that it was authored on orders of President Museveni or in consultation. Sakwa bases on this to term it as a nullity which he wants court to quash and have him fully reinstated.
There is unverified information circulating alleging that the appointing authority has ordered the line minister to give Sakwa a 2-month leave.
