The suit challenging orders for a special audit by the permanent secretary and secretary to the treasury Keith Muhakanizi into the National Medical Stores (NMS), has flopped after the Attorney General failed to show up at court.
The case was also further adjourned to 9th May 2018 as the presiding Judge Margaret Oguli Owumo was on leave.
Dragged to court in 2017, the Attorney General was also given a last opportunity to file a response defending an inquiry that was ordered by the permanent secretary to the treasury Keith Muhakanizi into supplies by the National Medical Stores.
The NMS dragged the Attorney General to court challenging orders by Muhakanizi demanding a special audit into a supply and distribution of drugs to the Uganda cancer institute in June 2016.
These in their suit say the permanent secretary’s orders were not in law because all powers relating to special audits lie with the Office of Auditor General.
They add that any powers to vet compliance of procurement lies with the Public Procurement and Disposal of Public Assets Authority while the power to query standard of drugs lies with the national drug authority and not the ministry of finance.
The NMS represented by lawyers from K & K advocates is now demanding orders from court declaring the permanent secretary has no powers to order for special audits and stopping him from ever making such orders in the future.
These also seek a declaration that the reports that arose from the special audit were invalid. The different parties will be returning to court before civil division high court judge Margret Oguli Owumo