The High court in Kabale has awarded Shs 10 million in general damages to former Nyamweru sub-county chief Vivian Kwesiga.
In a ruling by justice Samuel Emokor and read by Kabale grade one magistrate Julius Mutabaazi, court ruled that Rubanda district authorities unlawfully kept Kwesiga on interdiction for three years, well beyond the legally prescribed period.
Kwesiga was initially interdicted on December 16, 2019, by the then-Rubanda district chief administrative officer, Aggrey Muramira, over accusations of corruption and abuse of office.
He was accused of failing to account for several sums of public funds including Shs 5.8 million that was released in FY 2018/2019 to clear a fuel debt at Total fuel station Kabale branch, as well as Shs 7.8 million to rehabilitate an 8-kilometre Habikenzi-Kakyenaga-Hakishenyi road, and Shs 10 million designated for roofing a multipurpose hall.
He was also accused of allegedly embezzling Shs 3.3 million meant to pay councillors ex gratia for the last 10 months. He was arrested on January 13, 2020, after he appeared to hand over the office to his successor, Elias Tumukuratiire.
Later, in a civil suit, Kwesiga, through his lawyers, Nyanzi Kaboneka and Mbabazi Company Advocates, argued that the interdiction went beyond the public standing orders.
He argued that under the public service standing orders, once a civil servant is interdicted, the investigations should be expeditiously carried out within 3 months for cases that do not involve the police and courts, and 6 months for cases that involve the police and courts of law.
He’d demanded a compensation of Shs 500 million as general damages because the interdiction decision was publicised in the media and left him psychologically tortured.
However, justice Emokor ordered the district to pay Kwesiga Shs 10 million as general damages and the costs she incurred during the process of the case.
He also ordered that Kwesiga’s salary arrears from the time of interdiction to October 11, 2023, when interdiction was lifted, be fully paid by the district.
Kwesiga welcomed the ruling with happiness, saying that this will reduce the impunity within the district and advised the district authorities to always put in mind the public service standing orders, other than leaving the district paying court fines.
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