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Court Reinstates Sacked Kalungu Speaker

Court has also ordered council to pay Kisekka 35 million shillings as general damages, his salary arrears from the month of July to date and also to pay all court costs from this application.
Ousted Kalungu district Speaker Rafael Kisekka has bounced back into office.
High Court in Masaka has reinstated former Kalungu District Speaker, Rafael Kisekka who was sacked from his office on grounds of abuse of office, incompetence and failure to call council meetings.

 

Court has also ordered council to pay Kisekka 35 million shillings as general damages, his salary arrears from the month of July to date and also to pay all court costs from this application.

 

Rafael Kisekka dragged the district council to court for unlawful dismissal from his office.

 

In an application filed to Masaka High Court through his lawyer David Tebusweke Mayinja of Okello and Co. Advocates, Kisekka wanted court to reinstate him as Kalungu District Speaker.

 

In addition he wanted the Council to pay him costs and general damages which the Masaka High court judge, Justice Vincent Kibuuka Musoke has granted to the applicant.

 

Court heard that on July 26th, 2012, after Kisekka was censured,  he was not given time to defend himself. Neither was he summoned to appear before any neutral tribunal appointed by the council.

 

His application further stated that the decision for Kalungu District Council to censure and remove him from office was reached with material irregularity, without justifiable cause, without due regard to rule of natural justice and that the process was a mockery of justice.

 

The application further stated that the decision for Kalungu District Local Council to censure and remove Kisekka from office was reached with material irregularity, without justifiable cause, without due regard to rule of natural justice and that the process was a mockery of justice.

 

In his judgment Justice Kibuuka Musoke said that council failed to convince court that Kisekka had failed to perform his duties satisfactory and the move to censure him was null and void.

 

Last year 11 out of the 16 Kalungu District councillors voted Kisekka out of office alleging that he was incompetent.

 

In a censure motion moved by Harriet Makumbi, the councillors accused Kisekka of absconding from duty saying that this had affected district business and delayed service delivery in Kalungu.

 

The petition also described Kisekka as an opportunist who favoured councillors from his Democratic Party (DP) to deliberate during council meeting denying other councillors a chance to air out their views.

 

Paul Musedde, a legal officer from the Ministry of Local Government presided over the council meeting and subsequently led the council into elections that replaced Kisekka with Daniel Sejjoba.

 

This is the second Kalungu District official to drag the council to court challenging the manner in which he was dismissed.

 

The first was former district vice chairperson Mariam Nabaggala who was dismissed for lack of minimum academic qualification to hold office. However, Masaka high court dismissed the case with costs.

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