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Court dismisses Kihika petition

By Vision Reporter

Added 8th August 2014 05:22 PM

COURT has revoked a court order issued earlier in favour of sacked acting managing director of state broadcaster UBC Paul Kihika, on grounds that he misled court

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By Andante Okanya and Michael Odeng

COURT has revoked a court order issued earlier in favour of sacked acting managing director of state broadcaster Uganda Broadcasting Corporation (UBC) Paul Kihika, on  grounds that he misled court.

On Friday, the High Court in Kampala revoked the order after hearing an application filed by the corporation’s board of directors, to revoke the order.

The board relieved Kihika of his duties in a letter dated July 31, 2014. He took over office on May 20, 2012.

On Tuesday, Kihika was granted an ex-parte (one party) interim order, restraining the board from effecting the decision to remove him from office.

The order was vacated by the registrar of the civil division Charles Emuria, after hearing submissions by the UBC legal team led by Edwin Karugire.

“The application is hereby granted. The ex-parte interim order dated  August 5, 2014, is hereby vacated,” Emuria stated, and made no award of costs.

The registrar agreed with Karugire who submitted that Kihika’s entire case is hinged on a wrong interpretation of an interim order issued by the Constitutional Court in March 2012.

In the Constitutional Court petition number one of 2012, Justice Steven Kavuma halted the prosecution of three former UBC board members at the Anti-Corruption Court over graft charges.

Karugire noted that Kihika misinterpreted it to imply that the order prevented the appointment of a new board. He said the  ex-parte order was causing hardship to UBC.

He said Kavuma had clarified on the matter and put it to rest, that the Constitutional Court order did not extend to the administration of UBC.

“The acting Chief Justice has had occasion to clarify the extent of the order in the Constitutional petition. It does not extend to cases outside in the prosecution of Chris Katuramu, Edward Musinguzi Mugasa, and  Emmanuel Emoru,” Karugire noted.

He asserted that Kihika’s demand was in vain, as the removal had already occurred. Karugire said there was nothing for court to restrain, since Kihika had already been replaced by Eng. Angelo Nkezza.

The ruling was delivered in the presence of board chairman Nathan Nabeta, and board members Simom Kaheru, and Richard Barungi. Kihika who was in court earlier, did not return for delivery of the ruling.

Speaking shortly after delivery of the ruling, Kihika’s lawyer Henry Kyalimpa, told New Vision that all hope is not lost.

“We will wait for the main case to be fixed after the end of the court vacation,” Kyalimpa said.

The board members were ecstatic about the court ruling saying it had paved way for the board to execute its statutory duty.

The main application for judicial review filed by Kihika, challenging his sacking is pending before the court.

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