KAMPALA, UGANDA: City lawyer Hassan Male Mabiri-Kiwanuka has applied for a judicial review challenging the government over the appointment of Johnson Byabashaija, the commissioner-general of Uganda Prisons.
Lawyer Mabirizi in his application also wants the same court to review the appointments of Major General Geoffrey Tumusiime Kasigazi as the Deputy Inspector General of Police and the promotion of Tom Magambo from private to the rank of Major and his subsequent appointment as the Director of Criminal Investigations Directorate in the Uganda Police Force.
Last week, President Yoweri Museveni reappointed Byabashaija as Commissioner General of Uganda Prisons. He also appointed Maj Gen Kasigazi as Deputy Inspector General of Police and Magambo as Director of the Directorate of Criminal Investigations. According to Mabirizi, the appointments are illegal and a breach of lawful procedures.
For instance, Mabirizi argues that the appointment of Byabashaija is illegal because he is above the 60-year retirement age, while Magambo’s promotion from a private in the Uganda People’s Defence Forces (UPDF) to the rank of Major was done without the advice of the UPDF Commissions Board.
Part of Mabirizi’s notice reads: “The person occupying the office of the President of Uganda neither has powers to appoint UPDF officers and men/women as police officers, nor assign Uganda Police ranks to such officers, nor lacks powers to unilaterally promote officers of the UPDF without the advice of the Commissions Board.”
He wants the high court to issue an order prohibiting Byabashaija, Maj Gen Kasigazi, and Magambo from carrying out the duties and functions of Commissioner, Deputy Inspector General of Police, and Director of Criminal Investigations, respectively.
Mabirizi also wants the Court to declare vacant the positions of the Commissioner-General of Prisons, Deputy Inspector General of Police, and Director of Criminal Investigations. He also wants the high court to order the government that is represented by the Attorney General to pay him general, aggravated, and exemplary damages and costs of the suit. The court has yet to set a date for hearing the suit.
Byabashaija has been serving in the current position for the last 17 years since being appointed in 2005. Prior to the appointment, Maj Gen Kasigazi served as Deputy Commander of the UPDF Air Force while Magambo had been serving as director of intelligence analysis in the Internal Security Organisation-ISO.
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