FORMER MASINDI DHO’S CASE KICKED OUT OF COURT WITH COSTS

By Innocent Atuganyira

www.mknewslink.com

In Masindi—-

Masindi High Court Judge Justice Jesse Byaruhanga Rugyena has Thursday afternoon dismissed the case filed by Patrick Baguma the Former Interdicted Acting Masindi District Officer.

On 10^th February this year, Patrick Baguma applied for an injunction order restraining and stopping the district service commission from carrying out any disciplinary measures against him following his interdiction by the district Chief Administrative Officer (CAO) Phionah Sanyu.

However, the Masindi High Court Judge Justice Jesse Byaruhanga Rugyena has dismissed the case with costs.

“This matter coming up this 26^th May 2022 before his Lordship Hon. Justice Jesse Byaruhanga Rugyena for hearing in the presence of Mr. Kasangaki Simon counsel for the respondent and Ms Zemei Susan counsel  for the applicant. I hereby order that the application is dismissed with costs to the respondent,” he ruled.

Speaking after the ruling, Simon Kasangaki, a lawyer representing Phiona Sanyu the Chief Administrative Officer Masindi told our reporter that they will draw a bill and serve it to Baguma or his lawyers.

‘’We shall draw a bill and serve it to Baguma or his lawyers, the law says if he fails to recover the costs, we shall trace for his property or properties and attach it to the costs,’’ said Kasangaki.

We could not get a comment from Patrick Baguma or his lawyers by the time we filed this story.

Background

On the afternoon of 07^th February 2022, Patrick the Former Acting District Health Officer {DHO} was arrested in Kihande Cell Central Division Masindi Municipality over mismanagement of Covid-19 funds.

The arrest followed the interdiction letter dated 04th of February 2022 addressed to Patrick Baguma by Ms Phiona Sanyu the Chief Administrative Officer {CAO} Masindi over various issues including failure to account for public resources, and unauthorized use of government resources.

Sanyu stated in the interdiction letter that Baguma was making false statements, insubordination, disregarding or breaching of laws, regulation and procedures causing loss.

Other issues stated in the letter included acting manner bringing service into disrepute, acting against public interest, failure to supervise staff, refusal to comply with lawful instructions, and failure to comply with performance management requirements.

“Based on the above in accordance with provisions of the Uganda Public Service Standing Orders, 2021, section {F-r} and section {F-s} as well as the Public Service Commission regulations 2009, you are hereby interdicted from duty with immediate effect,” the letter stated in part.

Sanyu also stated in the letter that while on interdiction, Baguma would receive half of his basic salary subject to refund of the other half in case the interdiction is lifted and charges against him are dropped.

She further stated in the interdiction letter that Baguma’s actions and inactions contravene the Uganda Public Standing Orders 2021, section {F-a} and the Code of Ethics and Conduct of Uganda Public Service.

While addressing journalists after the arrest of the former acting district health officer, Ms Rose Kirabira the then Resident District Commissioner {RDC} Masindi revealed that after receiving a copy of the interdiction letter, she ordered for the immediate arrest of Patrick Baguma.

Kirabira noted that Masindi received a lot of funds including corona virus, hepatitis B, and child fund but there was no clear accountability.

Baguma was however the same date released on police bond.

Baguma runs to Masindi High Court

On 10^th February 2022, through his lawyer Susan Zemei, Baguma applied for an injunction stopping the district service commission and other government organs from carrying any disciplinary measures against him basing on the interdiction by the district Chief Administrative Officer (CAO) Phionah Sanyu.

07^th February 2022, Baguma was interdicted over alleged incompetence, insubordination, misconduct and failure to account for public funds among other grounds.

In his suit Baguma also requested the court to conduct a judicial review and declare that his interdiction is null and void and unlawful. He also wanted court to quash Sanyu’s decision to direct him to handover office and prohibit her from flouting the public service disciplinary procedures.

Baguma further wanted court to compel Sanyu to pay him costs for inconvenience, mental torture, trauma and shock as the results of her action.

Sanyu in her defence filed by the district lawyer Simon Kasangaki asserted that Baguma’s interdiction followed his failure to heed despite the several formal and verbal warnings and engagements made to him due to acts of incompetence, making false accountability and insubordination among other gross misconducts that contravene the Public Service Standing Orders and his appointment as a vote controller for the health department in the Financial year 2021/2022.

Baguma has since been replaced by Dr Dino Abiriga as the acting district health officer.

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