Court in Jinja has dismissed a case in which Jinja Resident District Commissioner, Mr Eric Joseph Sakwa was challenging his interdiction after being charged with alleged criminal offences.
Sakwa ran to high court after he was interdicted on May 4th, 2020 following his arrest and prosecution for man slaughter, malicious damage and theft. He was accused together with Bumali Bzimbyewa alias Chris Umar Dindodi and Muhammad Simba alias Meddie for causing the death of businessman, Charles Isanga and theft of his property worth Shillings 500,000 for violating the curfew.
In an electronic ruling on Monday, June 1, Judge Jeanne Rwakakooko ruled that 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.
“I agree with the submission of 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 Officer and bound by the Public Service Standing Orders,” the judge Rwakakooko ruled.
On whether the Haji Kakande Yunus, secretary to the Office of the President, had the mandate to interdict the Sakwa, the justice reasoned that Haji Kakande being the “Responsible Officer” in the President’s Office, had the legal capacity to interdict the Sakwa 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 Applicant is cleared of the charge of manslaughter against him.
“I am 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 Applicant is cleared of the charge of manslaughter against him,” the judge ruled.
Court records show that on May 8, 2020, Mr Sakwa was served with a letter stating that he had been interdicted on the May 4, and signed by Mr Kakande but he argued that he was never given any hearing before the interdiction letter was written, in violation of the rules of natural justice.
Mr Sakwa’s interdiction followed his arrest and arraignment in court over accusations of manslaughter to which he was remanded to prison but later released on bail pending trial.
Justice Rwakakooko held that Haji Kakande being the responsible officer in the President’s Office, had the legal capacity to interdict Mr Sakwa, public officer, stopping him from exercising his powers and performing the functions of the office of the RDC until he is cleared of the charge of manslaughter against him.
“…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.
