Magistrate suspended for resisting up country transfer

Kercan was suspended by Chief Registrar, Courts of Judicature, Mr Paul Gadenya

Nabweru Grade Two Magistrate Kercan Peter Prosper was on Tuesday suspended from work, for resisting his transfer from the city, to an upcountry duty station in Kiboga.

Kercan was suspended by Chief Registrar, Courts of Judicature, Mr Paul Gadenya.

According to Mr Gadenya, the acts of the affected magistrate amounted to insubordination under the Public Service Orders.

“You will recall that on May 9, 2017, I transferred you from the Chief Magistrate’s court, Nabweru to the Chief Magistrates Court, Kiboga. You refused to take up the transfer. Subsequently, I issued you with a notice to show cause why disciplinary action should not be taken against you if you had not taken up the transfer by 30th June, 2017,” reads in part the interdiction letter.

Gadenya continued, “I have again established that you have not reported to your new station without any lawful cause or justification. Refusal or failure to honour a posting instruction, amounts to insubordination contrary to paragraph F-S (w) of the Uganda Public Service Commission Regulations, 2005.”

The Chief Registrar went on to direct the affected judicial officer to hand over the all government property and court files to the Acting Registrar, Magistrate Affairs in accordance with the Section F-d of the Public Service Standing Orders.

“I have therefore in accordance with Chapter F-s Section 2 (u) of the Public Service Standing Orders and Regulations 25 (1) of the Judicial Service Commission Regulations, 2005, interdicted you for refusing to take up a posting at the Chief Magistrate Court, Kiboga.”

During his interdiction, the affected judicial officer will receive half pay and he is not allowed to leave the country without Mr Gadenya’s permission.

In a related development, a process server attached to Pallisa Chief Magistrate Court has been also interdicted for allegedly soliciting bribes at Budaka court in the eastern part of the country.

Mr Noah Kojjo was interdicted by the Secretary to Judiciary Mr Kagole Kivumbi to pave way for investigations into the alleged bribery claims.