Tumukunde job case set for hearing

What you need to know:

  • The pre-trial comes after about five months since Mr Rogers Kanti petitioned the Constitutional Court to nullify the appointment of Lt Gen Tumukunde whom he claims is a convict of moral transgression.
  • Mr Kanti says the law demands that a former convict can only be eligible for appointment into public office, seven years from the date of their conviction.
  • In April 2013, the military court in Makindye sentenced Lt Gen Tumukunde to severe reprimand in connection with spreading harmful propaganda.

KAMPALA.

The constitutional petition in which a concerned citizen is challenging the appointment of Lt Gen Henry Tumukunde to Cabinet has been fixed for pre-trial on February 28.

The pre-trial comes after about five months since Mr Rogers Kanti petitioned the Constitutional Court to nullify the appointment of Lt Gen Tumukunde whom he claims is a convict of moral transgression.
Assistant Registrar of the court Rosemary Bareebe Ngabirano will preside over the pre-trial sitting.

A pre- trial session is intended for both parties in the case (Attorney General as the respondent and Kanti as the petitioner) to agree on some issues and those they don’t disagree upon, are reserved to be resolved at the main hearing of the petition.

Lt Gen Tumukunde was among people who were appointed mid-last year by President Museveni as he began his fifth elective term in office.
In his main petition, Mr Kanti contends that about four years ago, the General Court Martial convicted Lt Gen Tumukunde and sentenced him to a caution in connection with spreading harmful propaganda.

Contention
Mr Kanti says the law demands that a former convict can only be eligible for appointment into public office, seven years from the date of their conviction. He argues that Lt Gen Tumukunde’s appointment to Cabinet in less than four years from the date of his conviction is unconstitutional.

In April 2013, the military court in Makindye sentenced Lt Gen Tumukunde to severe reprimand in connection with spreading harmful propaganda.

The offences stemmed from a 2005 radio show he participated in where he criticised President Museveni’s leadership and removal of the presidential two-term limits

“I am further informed by my lawyer that Article 80 (2) disqualifies a person from being an MP if that person was convicted of an offence of moral turpitude within seven years preceding the elections. Therefore Lt Gen Tumukunde having been convicted of the offences of moral turpitude was not qualified to be appointed minister in 2016 which was four years immediately preceding his appointment,” Mr Kanti says.

Through his lawyers Rwakafuuzi & Co Advocates, the petitioner now wants court to declare that Lt Gen Tumukunde’s appointment as Security minister was done in violation of the Constitution and is therefore null and void.

Case
In his main petition, Mr Kanti contends that about four years ago, the General Court Martial convicted Lt Gen Tumukunde and sentenced him to a caution in connection with spreading harmful propaganda.

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