Police boss Bangirana sued over failure to vacate office

The High Court has summoned Assistant Inspector General of Police and Director Engineering and Logistics Godfrey Bangirana to defend himself on allegations that he has refused to vacate his office.

Court documents indicate that Bangirana's two-year contract expired on July 16 this year.

Following the expiry of the contract, the Inspector General of Police (IGP), Martin Okoth Ochola, ordered Bangirana to hand over office stating that his continued stay would raise several queries from the Public Service, a directive he did not adhere to.

The registrar of the Civil Division of the High Court, Sarah Langa, directed Bangirana to file a defence in regard to the allegations within 15 days, lest she issues orders sought by Isaac Maddo who dragged him to court.

"Should you fail to file a defence within the specified period, the plaintiff (Maddo) may proceed with the suit and judgment will be issued in your absence," she warned. 

Maddo sued Bangirana alongside the Attorney General, who is the principal legal advisor to the government on Monday.

He is seeking a court declaration that Bangirana's continued stay in office after the expiry of his contract is illegal and unlawful.

Maddo asserts that Bangirana did not hand over the office and that the internal affairs ministry permanent secretary, Benon Mutambi, directed the officer to remain in office even though his contract had expired.

According to court filings, following Mutambi's letter, Ochola reversed his.

The plaintiff contends states that the continued stay in office by the said officer is unlawful and illegal and the suit is brought to vindicate the rule of law and get the unlawful conduct stopped.

Maddo says Bangirana has continued to draw a salary and emoluments on the consolidated fund which is public property and therefore it has to be preserved and protected from abuse and wastage.

Court filings further indicate that Bangirana has not answered the audit queries raised against his directorate before Parliament.

He asserts that the defendants are transgressing the law in a way that offends him as a citizen and taxpayer.

He wants an order that the officer refunds all the salary and emoluments received while in office illegally. Maddo also wants Bangirana to vacate office until the matter is determined.

He also wants the court to issue an injunction against the Police from renewing the contract until the refund and disposal of the case.

In a recent Police Advisory Committee meeting, Ochola reportedly asked all directors whose contracts were due to expire to prepare to handover to their deputies because the appointing authority will not reportedly renew the contracts.

Bangirana applied to have his two-year contract renewed again through the secretary of the Police Authority recently, but that has not yet been done.

He is also still under a probe by the Inspectorate of Government over allegations of mismanaging procurement deals.

The probe stems from a whistleblower's allegations to the inspectorate, including the purported inflation of the cost of construction of Natete Police Station, which caused a financial loss of over sh200b to the force through the supply of fuel to individuals and accumulation of the institution's debts to more than sh100b.