The High Court in Kampala has ruled that an Indefinite forced leave that the former Secretary to the Judiciary was sent on is illegal and unreasonable.
Justice Musa Ssekaana notes that Kagole Kivumbi’s forced leave ought to have had a timeline within which to expedite the investigations into the alleged financial impropriety in the Judiciary.
He further noted that if the said leave has now become indefinite that would be contrary to the principles of rule of law and Constitutionalism and would amount to using lawful process for unintended purpose.
On 26th July, 2019, Kagole Kivumbi was sent on forced leave by Public Service Head and Secretary to Cabinet John Mitala over Shs 34Bn mischarge claims.
He was replaced by Pius Bigirimana, who had been in the Ministry of Gender, Labour and Social Development.
It followed a report on the Judiciary by Auditor General John Muwanga dated 30th June, 2019, indicating that the money was spent on various items without following proper procedures.
A Kampala-based lawyer Paul Mukiibi then filed a case for judicial review against the Attorney General of Government seeking to have suspended Kagole Kivumbi reinstated.
Justice Ssekaana has ruled that since the applicant {Mukiibi} was pursuing a public interest litigation with no direct interest but rather the interest was to vindicate the rule of law, each party shall bear its costs.
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