10 Police Directors Go Without Formal Contracts

4141 Views Kampala, Uganda

In short
While the reason for the delayed renewal of contracts remains unknown, the affected directors receive their salaries and are recognized in their official positions.

Ten of the 19 directors in Uganda Police Force at the rank of Assistant Inspector General of Police (AIGP) have spent more than one year without contracts, URN has learnt. 

The contracts of the affected directors expired between November 2017 and February 2018 but haven't been renewed despite their request to the Police Authority.

The affected officers are Edward Ochom, the Director Research and Planning, Asan Kasingye, the Chief Political Commissar, Fred Yiga, the Director Interpol, Grace Turyagumanawe, the Director Peace Support Operations, Haruna Isabirye, the Director Human Resource Development,  John Ndugutse, the Police attaché to the Ugandan embassy in Nairobi, Abas Byakagaba, the Director Counterterrorism, Asuman Mugyenyi, the Director Operations, Francis Rwego, the Special Interpol Representative to the African Union and Felix Ndyomugyenyi, the Deputy Director Human Resource Development.

One of the affected officers told URN on condition of anonymity that they have made attempts to push the Inspector General of Police-IGP, John Martin Okoth Ochola to inquire about their fate from the Police Authority in vain.

"We all expressed our intention in writing to have the contracts renewed but we don't know what is happening. We have just continued doing our work," the source said. Police spokesperson, Fred Enanga and his deputy, Polly Namaye declined to comment on the matter.

While the reason for the delayed renewal of contracts remains unknown, the affected directors receive their salaries and are recognized in their official positions.

Andrew Kasirye, an experienced lawyer says, the Employment Act and precedent in other cases show that once an employer maintains the employee in the same conditions as was with the contract and doesn't  issue a termination notice, the contract is presumed to have been renewed.

"High court has handled many of those cases and also the provisions for contract termination are clear in the Employment Act. As long as the conditions like salary and allowances remain the same, then there is a presumed contract," Kasirye told URN.

Once a police officer is appointed to the position of Director, they are considered retired and begin operating on contracts renewable after three years. Most of the directors in the police force had their first contracts in 2008 when Directorates were created by the then IGP, Kale Kayihura.

Meaning most of the Directors whose contracts are yet to be renewed have had their contracts renewed three times before.
Employment act section 65 which provides for Termination of contracts states that:
(1) Termination shall be deemed to take place in the following instances - 
(a) where the contract of service is ended by the employer with notice;
(b) where the contract of service, being a contract for a fixed term or task, ends with the expiry of the specified term or the completion of the specified
task and is not renewed within a period of one week from the date of expiry on the same terms or terms not less favourable to the employee; 
(c) where the contract of service is ended by the employee with or  , as a consequence of unreasonable conduct on the part of the employer towards the employee; and
(d) where the contract of service is ended by the employee, in circumstances where the employee has received notice of termination of the contract of service from the employer, but before the expiry of the notice.
(2) The date of termination shall, unless the contrary is stated, be deemed to be - 
(a) in the circumstances governed by subsection (1)(a), the date of expiry of the notice given;
(b) in the circumstances governed by subsection (1)(b),the date of expiry of the fixed term or completion of the task;
(c) in the circumstances governed by subsection (1)(c) or subsection (1)(d), the date when the employee ceases to work for the employer; and
(d) in the circumstances when an employee attains normal retirement age


About the author

Dear Jeanne
Dear Jeanne is a URN journalist based in Kampala. Jeanne has been a URN staff member since 2014.

Jeanne started out as a political and crime reporter for NBS television in 2010. She went on to become a news director at the station before leaving in 2012 to join The Daily Monitor as an investigative reporter in 2012.

Jeanne is ambitious to improve her investigative reporting skills. Jeanne’s focus for much of her five year career has been to report on crime and security.