Army challenges order for shs700M compensation to soldier erroneously retired

The Uganda People’s Defence Forces through the Attorney General has notified court of intension to appeal against an order by the High Court compelling them to compensate a soldier to a tune of shs700 million for being illegally retired from the army.

Last week, Justice Margret Oumo Oguli of the High Court ordered that Maj.Ronald Iduuli be compensated for being illegally retired from active service of the army without following the right procedures.

However, in a notice of appeal, the Attorney General says he is not satisfied with the decision of the High Court and has since run to the Court of Appeal to challenge the decision.

“Take notice that the respondent (Attorney General) being dissatisfied with the ruling of the honorable justice Margaret Oumo Oguli of the High Court delivered on July 13, 2018 intends to appeal in the Court of Appeal of Uganda against part of the ruling,” reads in part the notice of appeal by the Attorney General dated July 16.

In his suit before the High Court, Maj Iduuli, 43 who joined the army in 1998 and rose to become the defence counsel at the General Court Martial that sits in Makindye said he held the position from 2014 up to 2016 when he was dropped and forced to retire.

He argued that he had been retired from the army without following the proper procedure of either an instrument of the commander in chief or a message from the Chief of Defence Forces.

Iduuli also argued that he  had not clocked the mandatory age for retirement and demanded for benefits.

In her judgment, Oguli ruled that it was illegal for the army to retire Iduuli without any instrument from the Commander in chief or a message from the Chief of Defence Forces.

“His removal from the post of defence counsel at the General Court Martial was unfair and his retirement was unconstitutional, malicious and illegal,” she ruled.

The judge ordered that the soldier be awarded Shs 27 million as his un-remitted gratuity, Shs 5.8 million for his unpaid monthly pension and shs 537 million as lost income.

The court also awarded general damages to a tune of Shs 90 million to Maj. Iduuli as general damages for the stress, inconvenience, humiliation, embarrassment and psychological torture meted out to him due to the unlawful retirement and failure to be paid his benefits.

Maj.Iduuli was also awarded aggravated damages of shs50 million and an interest of 20 percent per annum from the date of judgment until payment in full.