By Andante Okanya
The sacked acting managing director of state broadcaster Uganda Broadcasting Corporation(UBC), has petitioned court to quash his sacking by the board, saying it was illegal.
On Monday, Kihika filed an application for judicial review at the civil division of the High Court in Kampala.
The petition against all members of the board, lists them as Nathan Igeme Nabeta(chairman), and other members Eng. Ian Kyeyune, Simon Kaheru, Mariam Menhya, Richard Barungi, Muhammad Kabba Gulam, and Silvia Birahwa.
The board relieved Kihika of his duties in a letter dated July 31, 2014. His was appointment was effected in a letter by President Yoweri Museveni dated May 18, 2011.
It was filed through two firms Mweene- Kahima, Mwebesa and Company Advocates, and Mugarura, Kwarisiima, and Company Advocates.
Kihika has sworn an affidavit, contending that his contract can only expire after a substantive person has been identified to fill the post.
“The clear terms of appointment are that I am to act in that capacity until a permanent arrangement is put in place,” Kihika contends.
Kihika, who refers to himself as the UBC acting managing director, wants court to quash the appointment of Eng. Angelo Nkezza, who was appointed by the board in acting capacity.
He is demanding damages, and costs of the suit. However, he does not state the monetary worth, and has left the decision to the court.
Kihika claims the respondents are occupying positions illegally, and that they were appointed, despite Constitutional Court order issued on March 30, 2014.
The order was in relation to a petition filed in 2012 by three former board members Chris Katuramu, Edward Musinguzi Mugasa, and Emmanuel Emoru, challenging their dismissal. It is still pending.
The case file has been allocated to Justice Elizabeth Musoke. However, a hearing date is yet to be scheduled.
On Thursday, when New Vision sought clarification from Kaheru, on whether the board had received court summons, he replied in the negative.
He however noted that the state broadcaster cannot be held at ransom by Kihika, who has failed to realise that his tenure came to a permanent halt.
“UBC cannot be held hostage by one man,” Kaheru said.
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