According to the clerk, the deputy head of the Civil Division of the High Court, Henrietta Wolayo had gone for judge’s workshop in Munyonyo.
KAMPALA - The hearing of a case in which a Uganda Young Democrat seeks orders compelling Senior Police officer, Geoffrey Bangirana to vacate office, has flopped for the second time.
According to the clerk, the deputy head of the Civil Division of the High Court, Henrietta Wolayo had gone for judge’s workshop in Munyonyo. The case has been adjourned to November 6, for hearing.
The judge was expected to hear an application in which Maddo wants the AIGP to temporarily vacate office, pending hearing and determination of the contract renewal case.
This irked the petitioner, Isaac Maddo and fifties of people who had turned up for the case. Maddo said, “justice delayed is justice denied.”
Maddo called on the judicial higher authority to intervene on the matter, complaining that they are being trampled.
“Bangirana has to step out and we are not going to allow impunity. As common men we shall fight until the end,” he vowed.
Maddo accuses Bangirana of refusing to vacate the office of the director engineering and logistics yet his two-year contract expired in July this year, an act he says is unlawful and illegal.
Through Kirya and Company Advocates, Maddo wants court to issue a temporal order, restraining the Police Authority from renewing Bangirana’s contract until the determination of the main case.
“I seek temporal orders restraining Bangirana from holding office, receiving salary and emoluments and acting on behalf of Government,” he requested court in his application.
Bangirana and the Attorney General have never filed a defence concerning the matter, despite court summons. According to Maddo, they served Bangirana and AG with the summons.
The court registrar, Sarah Langa had directed Bangirana and AG to file their defence within 15 days, an order they have not followed.
When Bangirana was recently contacted for a comment, he said, "Why don't you get a comment from court."
Court documents indicate that Bangirana has acted or worked as a police officer at the rank of Assistant Inspector General of Police (AIGP) and Director Engineering and Logistics on a two years contract.
Following the expiry of his (Bangirana’s) contract on July 16, 2019, the Inspector General of Police (IGP), Martin Okoth Ochola ordered Bangirana to hand over office, stating that his continued stay in office would raise queries from the Public Service, the directive he did not adhere to.
Maddo asserts that Bangirana did not hand over office and further, that the Permanent Secretary (PS) Ministry of Internal affairs, Benon Mutambi directed the officer to remain in office though his contract had expired.
According to court documents, following Mutambi’s letter, Ochola reversed his order.
Bangirana applied to have his two-year contract renewed again through the secretary of the Police Authority recently but in vain.
Maddo says he filed the suit to vindicate the rule of law and get the unlawful conduct of Bangirana stopped.
He contends that 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.
Maddo claims the defendants are transgressing the law in a way that offends him as a citizen and taxpayer. “I seek an order that the officer refunds all the salary and emoluments received while in office illegally.”
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 his contract.
Maddo contends the actions of the government in failing to advice the PS and other government organs about Bangirana’s matters constituted a breach of its duty.
Bangirana is also still under probe by the Inspectorate of Government over allegations of mismanaging procurement deals.
The probe stems from a whistle blower'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.