The High Court in Jinja has issued an interim order stopping the eviction of Jinja Resident District Commissioner, Eric Sakwa from office.
Sakwa was a few weeks ago interdicted and ordered to hand over office to allow proper investigations into manslaughter charges against him before the Jinja court.
He later ran to court to stop the eviction.
On Wednesday, the court’s deputy registrar ordered that Sakwa should stay in office until the determination of the main case in which he is challenging his interdiction.
“An interim order is hereby issued restraining the respondents and their agents from evicting or removing the applicant from his office of RDC Jinja district or from any way interfering with his job,work and function as RDC or from and his emoluments accruing to his office as RDC pending the final disposal of the application for a temporary injunction,” the interim order by Fred Waninda the Jinja High Court deputy registrar.
The court ordered that on top of continuing with his duties as the Jinja RDC, Sakwa should continue getting his due salary until the case in which he challenges the interdiction is disposed of by the same.
In a May 4 letter copied to the Minister for the Presidency, Head of Public Service, Secretary to Cabinet and the DISO, Sakwa was asked to hand over office to the DISO.
“You’re required to hand over any government property in your possession in accordance with the laid down procedure and regulations,” the letter by Hajj Yunus Kirunda, the secretary to the Office of the President said.
Through his lawyers of Ochieng and Co Advocates, Sakwa ran to court challenging his interdiction saying it was unlawful since he was unfairly treated.
“The applicant was never given any hearing before the interdiction letter was written and all rules of natural justice were flouted. The ostensible reason for interdiction is a case of man slaughter for which the applicant was charged in court yet it is not one of the conditions of service for the applicant that if he has any criminal case in court against him, he has to be interdicted,” the court documents say.
Sakwa also argues that the interdiction letter was written by Hajj Yunus Kirunda, the secretary to the Office of the President by there is no proof that his appointing authority, President Museveni authorized the same.
He says that it is wrong to be threatened with eviction from office yet rules of natural justice and proper procedures were never applied to his case.
“It is just and equitable that the purported interdiction which was irregularly procured is quashed and the respondents and or their agents are prohibited from putting the applicant out of office until a proper procedure for his interdiction is followed,” the court documents say.
The interdiction stemmed from his arraignment before the magistrates court in Jinja and charged with man slaughter among other offences.
Sakwa is accused of using an iron hand while implementing the presidential guidelines on containing the COVID-19 pandemic.