The High Court Judge Musa Ssekaana has quashed recommendations contained in the Parliamentary Sub-Committee on Commissions, Statutory Authorities and State Authorities and State Enterprises (PAC-COSASE) report seeking to investigate the Inspector General of Government Beti Kamya.
Last year, PAC-COSASE recommended the investigation of Beti Kamya for her role in the shs10.6 billion land compensation when she was the Minister of Lands.
The committee in the report stated that although the Uganda Land Commission (ULC) was the one supposed to request the supplementary, then minister of Land Kamya initiated the supplementary without the knowledge of the Commission. The committee also found that after it was approved and disbursed, the supplementary was, however, full of controversies as it emerged that ghost claimants were paid.
It was at this point that the committee chairperson Joel Ssenyonyi told the Parliament that the former Minister of Lands (Betty Kamya) had to be investigated in respect of her participation in the commencement of the 10.6 billion shillings payment.
However, Kamya through her lawyers petitioned before the High Court asking for A writ of certiorari doth issue quashing the finding (1) and recommendations in the PAC-COSASE report.
She also asked the court to issue an order of prohibition against the implementation of the findings and recommendations (a) of the impugned PAC-COSASE report. A declaration that the PAC-COSASE acted ultra-vires, illegally, and biased in its proceedings and when it made the recommendations of commencing investigations against the applicant without properly evaluating evidence and applying the principles of natural justice and therefore unfair, biased, ultra vires, null and void.
In the affidavit that supported her application, it’s alluded that the PAC-COSASE report was illegal, improper, ultra vires, and irrational in that findings and recommendations were arrived at with procedural impropriety or irrational evaluation of the evidence, facts, and law applicable.
The affidavit also revealed that the inquiry done by PAC-COSASE was irregular as the impugned expenditure was inquired into and approved by the Adhoc Committee and approved by the entire House of Parliament of Uganda.
While making his ruling on Wednesday, Justice Ssekaana also agreed with Beti Kamya’s arguments in the application saying that some recommendations were reached through a flawed analysis and evaluation of evidence
“The court issues an order of Certiorari quashing recommendation (1) of the report; “Hon. Beti Namisango Kamya Turwomwe, former Minister of Lands, Housing and Urban Development should be investigated in respect to her participation in the commencement of the 10.6 billion payments.The same was reached through a flawed analysis and evaluation of evidence that she ‘kicked off’ the supplementary budget process which is the sole mandate and discretion of the Ministry of Finance, Planning and Economic Development. This application only succeeds on this ground and I make no order as to costs. I so order,” he ruled.
Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
