What you need to know:
- Mr Stanley Kisambira through his lawyers of the Center for Legal Aid in response to the demand by Judiciary Permanent Secretary Pius Bigirimana, said he is not liable to the audio clip in which he was expressing his grievances over low pay.
The driver of the Judiciary, who is accused of threatening to cause an accident and kill a judge over meagre pay, has said he will not heed to a call to explain himself over the audio clip that went viral.
Mr Stanley Kisambira through his lawyers of the Center for Legal Aid in response to the demand by Judiciary Permanent Secretary Pius Bigirimana, said he is not liable to the audio clip in which he was expressing his grievances over low pay.
“Our client accepts no liability whatsoever for the contents or circulation of the audio clip at issue. A private communication contains protected political opinion and does not reasonably imply what you allege (incitement to violence, threatening accidents, uttering false information, etc). As you rightly stated, “[our client] did the right thing to express [his] dissatisfaction,” the May 18 letter states in part.
Adding: “Kindly take note that our client enjoys absolute immunity under the law to freely express his dissatisfaction in a peaceful manner, without fear of retaliation or victimisation by his employer or the State….”
Further in his letter, Mr Kisambira’s lawyers state that the Employment Act, 2006, bars employers from disciplining or sacking their employees who express their political opinions.
Mr Bigirimana had on May 16 asked the driver to explain his conduct within a space of five days or face disciplinary action.
“Inciting violence and threatening to intentionally cause an accident is unprofessional, criminal and punishable in the strongest terms. In addition, uttering false information that you are only paid Shs200,000 contravenes Section F-r of the Public Service Standing Orders,” Mr Bigirimana wrote.
In the same letter, he stated that while Mr Kisambira was right in expressing his dissatisfaction, he used a wrong mode of communication.
Mr Kisambira told journalists shortly after his release from police custody on Tuesday that his salary is Shs235,000 but also receives allowances to the sum of Shs2.16m, which money he said only comes on a quarterly basis.
He said this was very little money compared to the daily family needs that he has to meet, including paying of school fees for his children.
However, Mr Bigirimana said on Wednesday that Mr Kisambira went against the Public Service code of conduct and standing orders and will answer for his actions. Police have slapped charges of offensive communication against the driver and he awaits to be charged before court or have his charges dropped