Judicial officers have petitioned the Kampala High Court seeking orders to compel its Permanent Secretary Pius Bigirimana to vacate his office immediately on account that it is not known in the Judiciary structure.
The officers under their umbrella body Uganda Judicial Officers Association (UJOA) allege that the Judiciary is not a ministry or a government department to have a Permanent Secretary as per section 10 of the Public Service Act and Article 174 of the Constitution since it’s an arm of State.
They say Bigirimana’s office in the Judiciary is illegal and it’s jeopardizing its independence.
“An injunction under Section 38 (2) of the Judicature Act that the permanent secretary should vacate immediately as the Judiciary is neither a ministry nor a government department to have a permanent secretary as per Article 174 of the constitution, section 10 of the Public Service Act but should be treated as independent as provided under Article 128 of the constitution,”UJOA stated.
The judicial offices are also challenging Mr Bigirimana’s move to slash their monthly allowances that was increased based on the recent salary raise, arguing that the same is illegal, improper, irrational and abuse of law.
In July this year, Bigirimana was transferred from the Ministry of Gender to the Judiciary.
“The Appointing Authority has directed that you be transferred from the Ministry of Gender, Labour and Social Development to the Judiciary as Secretary to the Judiciary with immediate effect,” Dr J. Mitala, the head of Public Service and secretary to the Cabinet said in July 26, 2019 letter to Bigirimana.
“On receipt of this letter, prepare to hand over your office within the existing regulations and report to your new station without delay.”
Bigirimana replaced Kagole Kivumbi.
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