In the August 16th orders, Kulabako faults the university authorities for executing the eviction unlawfully. On Friday, URN broke a story in which Makerere university Estates and Works department forcefully evicted Kitumba with the help of university security and Uganda Police force following the expiry of his contract.
Eng. Frank Kitumba (in set) with his properties outside his university residence following is forceful eviction on Friday
Ruth Kulabako, the Labour Officer in Charge of Kawempe
Division has halted the forceful eviction of Eng. Frank Kitumba, the former
Director Directorate for ICT Support (DICTS) in Makerere University from the staff
In the August 16th
orders, Kulabako faults the university authorities for
executing the eviction unlawfully. On Friday, URN broke a story in which Makerere
university Estates and Works department forcefully evicted Kitumba with the help
of university security and Uganda Police force following the expiry of his
Kitumba, a resident of university house number 138 along Fig
Tree road, just below the College of Computing and Information Sciences –CoCIS
had declined to vacate the house owing to the on-going labor complaint.
“Whereas Eng. Frank Kitumba lodged a Labour complaint against
Makerere University of alleged infringement of Employment Act and in breach of
contract KCCA/KWP/LC/098/2019 and the same was brought to your notice requiring you
to respond to the complaint by August 21, 2019; no response has been received
by this office nor has any hearing commenced in the matter,” Kulabako says in
her order to the university secretary.
“The purpose of this letter is to ORDER YOU TO CEASE AND
DESIST from evicting the complainant until full investigations in the matter
have been conducted and the same disposed of in line with the employment act,”
she added. Section 93(3) of the Employment Act 2006 provides for
jurisdiction to a Labour officer to hear and to settle by reconciliation or
mediation a complaint.
The Labour officer also has powers under the act to order a
party to comply with the provision of the act in case of infringement of the
act. According to Eng. Kitumba, he was being evicted before
payment of his salary and gratuity arrears amounting to almost Shillings 200
million as required by law.
Section 43 (4) of the Employment Act stipulates
that where an employee is being housed by the employer, he/she shall not be required
to vacate the premises until his/her terminal benefits are paid. The
same act provides for the payment of an employee’s wages and any other
remuneration and accrued benefits to which he or she is entitled to in case of
termination of his or her employment.
Kitumba’s lawyer, Stanley Okecho says following the order,
his client has been able to get back to the house. He notes however that
several property was damaged and money stolen during the attempted eviction on Friday.
“Frank is still in the house. During the attempted unlawful
eviction, a number of items went missing, several other items were damaged. He
still maintains his ground, the university should pay him, all the people who
participated in the unlawful eviction to be charged,” counsel Okecho says.
Eng. Kitumba was director ICT support of the university for
six years and nine (9) months. Prior to that, he was a Planning and maintenance
Manager from October 2010 – November 2012 at Makerere University.