The High Court in Jinja has dismissed a case in which Jinja RDC Eric Sakwa was challenging his interdiction from office.
Sakwa was last month interdicted by the Secretary in the office of the president Mr. Yunus Kirunda to pave way for criminal proceedings against him in a case f manslaughter.
The presiding judge Jeanne Rwakakoko ruled that as a public servant, Sakwa is liable to interdiction pending disposal of charges against him.
On April 24 this year, Mr Sakwa was charged and remanded to Kirinya Prison over accusations of manslaughter in connection with the death of Jinja businessman Charles Isanga.
“I agree with the submission of the counsel for the respondents on this, and find that the applicant though appointed by the president in accordance with the Constitution of the Republic of Uganda, is a public officerand bound by the Public Service standing orders” Justice Rwakakoko said.
Sakwa had sued the Attorney General (AG) jointly with the Secretary of the Office of the President Haji Yunusu Kakande seeking for orders to quash the interdiction and to restrain any government worker from forcing him out of the office in implementation of the said interdiction.
The judge quoted Section 70(1) of the Local Governments Act which provides that there shall be, for each District, a Resident District Commissioner who shall be a senior civil servant appointed by the president.
In his application Sakwa also claimed he was not given chance to be heard but the judge ruled that it does not need one to be heard before interdiction.
“…the decision to interdict is not subject to the right to be heard first since interdiction is but a first step towards disciplinary proceedings. Therefore, there was no need for the Applicant to be heard before he was interdicted,” the judge ruled.
“For reasons i have given, this application fails, and it is hereby dismissed with costs to the respondents” Justice Rwakakoko stated.
