Chibita to testify in Mutale hearing

Oct 27, 2003

PRESIDENT Museveni’s legal aide Mike Chibita has been ordered to testify against Major Kakooza Mutale’s appeal to be reinstated as a presidential advisor.

By Jude Etyang

PRESIDENT Museveni’s legal aide Mike Chibita has been ordered to testify against Major Kakooza Mutale’s appeal to be reinstated as a presidential advisor.

Justice Yorokamu Bamwine issued the order yesterday after the State Attorney, Joseph Masiko, said Chibita and Salim Kulembera were unwilling to swear affidavits to help the defence against the appeal.

Masiko made the application while scheduling the case with Mutale’s lawyers ahead of the hearing on November 3.

Mutale, dressed in black suit, attended the proceedings held at Justice Bamwine’s chambers at the High Court in Kampala.

Masiko asked the court to order them to testify since they had declined to cooperate with the defence.

Masiko said Chibita and Kulembera’s evidence was important because it concerns the issue of Mutale getting a fair hearing before he was sacked.

“It’s important evidence to our case in the issue of fair hearing. But they are unwilling to swear affidavits that’s why we are seeking the court’s indulgence,” Masiko said.

During the scheduling the parties said that the question of whether Mutale was afforded a fair hearing by the Inspector General of Government (IGG) will a major issue when the petition starts.

Masiko said that Mutale was granted a fair hearing while Muzamir Kibedi said that there was no fair hearing before his client was fired.

Bamwine granted Masiko’s application ordering that the two sought affidavits have to be filed in court by Wednesday (October 29).

President Museveni sacked Mutale on August 6, after he failed to declare his wealth to the IGG Jotham Tumwesige as is required of Public Service Office holders under the Leadership Code Act.

But Museveni swore an affidavit pledging to reinstate Mutale if court finds that IGG’s recommendation was based on “a flawed procedure and never followed the Leadership code.”

In his appeal Mutale wants the court to declare null and void Museveni’s decision to sack him on recommendation of the IGG.

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