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Court Quashes Petition by Town Clerk, Treasurer Seeking to Block Their Forced Leave

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In his judgment read by the Kabale High Court Registrar, Didas Muhumuza this morning, Justice Moses Kazibwe Kawumi dismissed the petition with costs, saying it lacks merit. He noted that the temporary removal of Twinamatsiko and Tushemereirwe from office and appointment of other officers to serve in their offices for a defined doesn’t amount to irreparable injury.
18 Sep 2019 16:05
James Twinamatsiko, embattled Principal Assistant Town Clerk for Southern Division in Kabale Municipality
High court has quashed an application by the Principal Assistant Town Clerk in charge of Southern Division in Kabale municipality, James Twinamatsiko and Treasurer, Charity Tushemereirwe challenging a decision sending them on forced leave. 

The two ran to High Court in July 2019 after the Town Clerk, Joseph Monday sent them on forced leave following allegations of corruption and abuse of office.

Monday replaced Twinamatsiko with Sam Mutaremwa who was serving as the Assistant Community Development Officer in charge of Northern Division while Tushemerirwe was replaced with Shaban Tumwebaze, the Senior Accountant Assistant at Kabale municipality.  

 

The town clerk was prompted to take action following repeated complaints from residents and local leaders against the officials for alleged failure to support the division council to pass the 2019/2020 financial year budget, failure to account more than Shillings 500 million and none remittance of the 25 percent local revenue collection to lower local councils.    

 

The officials were also accused of incompetence, use of abusive language and failure to account for Shillings 2.45 million that was reported spent on the end of year party, which didn't take place.  

Monday argued that the standoff between Twinamatsiko and Tushemereirwe and the political leaders was threatening service delivery.

However, the two officials declined to handover office and petitioned Kabale High Court through their lawyer, Timothy Twikirize of Twikirize and company advocates to block their forced leave. 

In August 2019, Kabale High Court issued a temporary injunction blocking the forced leave imposed on Twinamatsiko and Tushemereirwe until the main application is heard.  

Now in his judgment read by the Kabale High Court Registrar, Didas Muhumuza this morning, Justice Moses Kazibwe Kawumi dismissed the petition with costs, saying it lacks merit.

He noted that the temporary removal of Twinamatsiko and Tushemereirwe from office and appointment of other officers to serve in their offices for a defined doesn’t amount to irreparable injury.

Twinamatsiko and Tushemereirwe haven’t yet commented as they were not in court when the judgment was delivered and couldn’t be reached on their mobile phone numbers. 

Ignatius Mwesigwa, the Speaker Southern Division welcomed the court judgment, saying the decision will now resume providing services that had stalled. 

The Southern Division LC III Chairperson, Macklin Batwaare Kamusiime, says the judgment has saved them from corrupt officials who have been hindering development.