Kayihura dragged to court over refusal to retire officer

PIC: Former Inspector General of Police Gen. Edward Kale Kayihura. (File photo)

KAMPALA - Former Inspector General of Police (IGP) Gen. Edward Kale Kayihura has been taken to court for blocking a police officer's retirement in 2016.

In a suit filed at the Civil Division of the High Court on Monday, Detective Assistant Inspector of Police (D/AIP) Nelson Mungasa contends that he was set to contest for Kigenyi county MP seat in Kapchorwa district in 2016 but Kayihura deliberately refused to retire him.

"I wrote to Kayihura through the DPC Jinja road Police station seeking to resign from the force in July 2015 in order to participate in the 2016 general elections but my dreams were shattered by Kayihura who rejected my request," Mungasa contends.

Mungasa is currently the officer in Charge of Criminal Investigation Department at Bugolobi Police station in Kampala.

He filed the case against Kayihura through Kiwanuka, Kanyago and company advocates accusing him of usurping the powers of the police council and solely rejected his application.

Mungasa wants court to declare Kayihura's action of refusing his resignation from the Police force unlawful, unconstitutional and amounting to abuse of office.

He further claims that Kayihura's actions have caused him financial and psychological implications and therefore he is entitled to damages.

According to Mungasa, he served Kayihura with the notices of intention to sue but he neglected them.

Mungasa says he joined the police in 2003 and has been in continuous service but he was surprised when his retirement bid was blocked by Kayihura.

He also accuses Kayihura of writing to the NRM party electoral commission chairman Dr Tanga Odoi notifying him that he was still a serving police officer and should not be nominated.

"It has come to my notice the above named person (Mungasa) is vying to contest in the upcoming 2016 elections. This is to inform you that he has not officially retired from the Police as required by the law," Kayihura stated in the letter dated September 9, 2015.

Mungasa also wants court to order Kayihura to pay him general and exemplary damages plus costs of the suit.

Meanwhile, Sara Langa, the deputy registrar of the Civil Division of the High Court is yet to order Kayihura to defend himself over the allegations.

Kayihura was earlier this month relieved of his duty by President Yoweri Museveni and replaced by his deputy AIGP Okoth Ochola.