Jinja High Court Judge Lady Justice Jean Rwakakooko has dismissed embattled RDC Jinja Erick Sakwa’s judicial review application with costs!
Mr. Sakwa (pictured with Counsel Ochieng) filed an application against the Secretary office of the President, Hajji Yunus Kakande and the Attorney general, William Byaruhanga seeking judicial review of his interdiction letter!
The Justice said, she is inclined to agree with Counsel for the Respondents that by virtue of Regulation 38 of the Public Service Commission Regulations, SI No. 1 of 2009, the 2nd Respondent, being the “Responsible Officer” in the President’s Office, had the legal capacity to interdict the Applicant who is a “Public Officer”, stopping him from exercising his powers and performing the functions of the office of the Resident District Commissioner, Jinja, until the Mr. Sakwa is cleared of the charge of manslaughter against him.
She resolved that she agrees with the Counsel of the Respondents that Mr. Sakwa, though appointed by the President in accordance with the Constitution of the Republic of Uganda, is a Public Officer and bound by the Public Service Standing Orders.
She added that, she agrees with the above position as laid out in the above case, that 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 Mr. Sakwa to be heard before he was interdicted.
She also said, Mr. Sakwa failed to prove any of the grounds in which he was challenging the decision to interdict him. He is therefore not entitled to any of the reliefs he seeks and there is no basis for issuing his prayers for orders of Certiorari, Prohibition and costs.
In her conclusion, she said this Application fails and is hereby dismissed with costs to the Respondents!
The ruling was delivered electronically to;
1) Mr. Caleb Alaka – Counsel for Mr. Sakwa
2) Mr. Nyote David Innocent – Counsel for Mr. Sakwa
3) Mr. Ochieng Evans – Counsel for Mr. Sakwa
4) Mr. Musota Brian – Counsel for Hajji Kakande and the Attorney General
5) Ms. Jackie Amusugut – Counsel for Hajji Kakande and the Attorney General.
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