Court extends interim order blocking transfer of KCCA secretary

Jul 31, 2012

Court has extended an interim order it had earlier issued restraining Kampala Capital City Authority from redeploying or transferring the

By Brian Mayanja

Court has extended an interim order it had earlier issued restraining Kampala Capital City Authority (KCCA) from redeploying or transferring the city land board secretary Sarah Kusiima.

  Justice Elizabeth Musoke also extended an interim order blocking KCCA from sending Kusiima on leave, until August 9, when both parties will report back to court.

On April 2, Jennifer Kaggwa, KCCA’s director for administration and human resource Jennifer Kaggwa told Kusiima to hand over office to Diana Nambi, in the interest of improving service delivery.

“You have been transferred from Kampala District Land Board with immediate effect. You are requested to take leave on receipt of this letter and your new posting instructions will be communicated to you at a later date,” the letter reads.

 This prompted Kusiima to drag KCCA and Kaggwa to court, challenging the move. She is also seeking for a judicial review.

   Kusiima’s lawyer Musa Kabega told court on Friday that her client was not consulted before the decision sought to be challenged was made.  

 “Nor was she informed of any pending investigations or short coming in execution of her duties as secretary to the board,” he added. 

KCCA also asked Police to investigate allegations made by John Kamwanyi, a city resident, who accuses Kusiima for changing his plot numbers and subsequently allocated the plot to another person. The said plot is located at Spring Road Wankonko Road Bugolobi.

Kabega explained that KCCA did not have the legal mandate to redeploy or send Kusiima on leave. 

    “KCCA’s act breach the applicant’s employment contract and violates her right to work in as far as it seeks to render her undeployed, unemployed or redundant since the transfer is nowhere,”Kabega stated.

Kabega said the secretary to the land board was an appointment, which was permanent and pensionable under section 61 of the land Act.

 KCCA’s lawyer Dickson Akena had earlier asked court to cancel an interim order, arguing that Police was still investigating city land board officials over alleged frauds.

 

 

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