Censured Kalungu Speaker Sues Council For Unlawful Dismissal

1742 Views Kalungu, Uganda

In short
Kisekka contends that before censuring him on July 26th 2012, he was not given time to defend himself on the allegations against him and he was neither summoned to appear before any neutral tribunal appointed by the council.

Rafael Kisekka, former Kalungu District Speaker, has dragged the district council to court for unlawful dismissal from office.

In an application filed to Masaka High court through his lawyer Tebusweke Mayinja of Okello and Co. Advocates, Kisekka seeks justice from court to reinstate him as Kalungu District Speaker in addition to paying him costs and general damages.

Kisekka contends that before censuring him on July 26th 2012, he was not given time to defend himself on the allegations against him and he was neither summoned to appear before any neutral tribunal appointed by the council.
The application further states that the decision for Kalungu District Local Council  to censure and remove Kisekka from office was reached with material irregularity, without justifiable cause, without due regard to the rules of natural justice, and that the whole process was a mockery of justice.

Recently eleven out of the sixteen Kalungu District councilors voted Kisekka out office alleging that he had failed to perform his duties satisfactorily.

In a censure motion moved by Harriet Makumbi, the councilors accused Kisekka of absconding from duty saying that this had affected district business and delayed service delivery in Kalungu.

Ruth Kyomugisha, the District Finance secretary, said that Kisekka was assuming the powers of the district chairperson to the extent of convening stakeholders’ meetings without the consent of the council.
 
The petition also described Kisekka as an opportunist who favored councilors from his Democratic Party to deliberate during council meeting denying other councilors a chance to air out their views.

The councilors went ahead to call the minister of Local Government Adolf Mwesigye to preside over a council meeting to censure Kisekka.  

 Musedde, a legal officer from the Ministry of Local Government, presided over the council meeting and subsequently led the council into the elections that replaced Kisekka with Daniel Ssejjoba.

While speaking to URN at Masaka High court, Raphael Kisekka said that the grounds on which he was removed from office was baseless accusing the Resident District Commissioner Tom Sserwanja and the district chairperson Emmanuel Musoke of having political interests in the matter.

He cited rule 15(7) and rule 21(8) of the Local Government which provides that council shall not transact any business that is not on the order paper unless the speaker allows and if the speaker rules out that any matter raised is out of the order paper there shall be no discussion on such a ruling but the speaker gives reasons if called to explain the ruling.  He however said that all these provisions were not followed before he was censured.

This is the second Kalungu district official to drag Kalungu district council to court challenging the manner in which he was dismissed.  The first was former district vice chairperson Mariam Nabagala who was dismissed for lack of minimum academic qualifications to hold office. However, Masaka High court later dismissed the case with costs.