ALL is not well at the Jinja City Hall, where the Mayor His Worship Alton Peter Kasolo ‘Okocha’is in tears after his official luxurious vehicle was snatched by a court bailiff following a court order.
The Ford XLT car registration number LG0012-120 is now gathering dust from where it’s parked at the Trans Africa parking lot where M/S Ocheing Jadwong, Court Bailiffs and Auctioneers firm has an office.
The angry and hungry bailiffs attached to Ochieng, Court Bailiffs &Auctioneers led by Simon Peter Ochieng are also looking for more vehicle registration numbers LG0008-120LG0816-12 to be attached.
“…this is to command you to attach and sale the movable property of the said judgment debtor’s property as set forth in the schedule hereof and which shall be pointed to you…” reads the order from the High Court, Jinja.
However, reports emerging say the Kasolo-led team of politicians and their technical wing has gone on their bended knees pleading to the Ochieng’s bailiffs to spare the remaining vehicles.
“…boss kindly do not grab these other vehicles, otherwise we are literally going to be grounded and embarrassed please…” They begged Ochieng, who has asked them to quickly ‘behave’ or else he attaches even the newly acquired grader.
This is the reason you are seeing the Town Clerk Edward Lwanga (on his annual leave) and other officers like Peter Mawerere and the City Engineer David Eremye still using their official cars.
The Warrant to Attach and Sale of Movable Property arose from a judgment dated way back on 19 September,2019 in a civil suit filed by 130 former workers of then Jinja Municipal Council(JMC) now City demanding 1.4Bn/= as arrears for pension.
In the civil suit number 189 of 2014, four former workers namely; William Ochwo, Grace Terwane, Joseph Segawa and Anna Othieno applied as plaintiffs/judgment creditors on behalf of others while JMC was the defendant/judgment debtor.
The matter which spanned many years was presided over by Justice Michael Elubu, who ruled in favour of the former workers and also awarded general damages that continue to attract interest.
Background
The plaintiffs stated that the basis of their claim of 1.3Bn/= was that they had been employed by JMC on a permanent and pensionable basis between the years 1991 and 2009.
The plaintiffs have not been paid their full retirement benefits following their retrenchment or retirement by the defendant (JMC), the plaintiffs were paid part of their pension, but there are outstanding pension arrears.
They engaged the legal services of Kampala City based law firm Alliance Advocates while the defendant (being a government entity) relied on attorneys from the office of the Attorney General to wrestle over the very complicated case.
Issues At Hand
The issues agreed by both parties during their Joint Scheduling Memorandum were: whether the plaintiffs are entitled to their pension arrears, whether the defendant has any obligation to pay the said pension arrears, whether the plaintiffs are entitled to general damages and what remedies are available.
In his ruling, Justice Michael Elubu found that the former workers were entitled to prompt payment of pension and the arrears that accrued when it was not paid on time, thus answering the first issue in the affirmative.
The judge cited Article 254 of the Constitution of Uganda, which provides that public officers shall, on retirement, receive pension, and its payment shall be prompt and regular.
This disarmed JMC now JCC which stated a spirited defense that it was the duty of the Central Government to pay those pension arrears.
JMC was told that the pensions owed were statutory as provided for in both the constitution of Uganda and in the Pensions Act Cap 286.
On whether the defendant (JMC) has any obligation to pay the pensions arrears, the judge cited Section 7(3) of the pensions Act Cap 286, which states that,
“Any pension, gratuity or other allowance granted under this Act with respect to any officer in the service of a district administration or an urban authority shall be charged on and payable out of the funds of the district administration or urban authority, as the case may be, in which the officer was serving without further authority than this Act”.
The court also heard and ruled that the delay in payment of the pension arrears was both a breach of contract and an infringement of the constitutional right to prompt and regular payment of pension.
Saying that although the defendant has paid the outstanding arrears as they accrued, the plaintiffs did not have use of that money from 2009 to 2017 when it was paid.
“…the court takes the view that the general damages compensate for the loss suffered for non-use of the pension arrears due…for that reason it is directed that the pension arrears awarded be charged an interest of 21%…reads the 14 page ruling.
JMC now JCC, seemingly adamant at clearing their arrears, forced the former workers, some in their 90s (with old age related health complications and other challenges) to run back to the court.
As is their trademark character, the big headed officials at Town Hall did not go to the court even when there was sufficient evidence of service received and signed by the secretary in the presence of Choli John Guloba who introduced himself as the Deputy Town Clerk.
“…that at around 04: 01pm, I served and explained the contents of the said court documents to the said Choli John Guloba who informed me that he is the deputy Jinja City Town Clerk who in my presence, Ochieng Simon Peter and his secretary received a copy of the above…”reads in part Affidavit Service by Kenneth Bwire, a clerical officer attached to the Jinja High Court.
So this rules out excuses by some elements that the Deputy Registrar His Worship Robert Mukanza intentionally made his ex-parte decree.
It should be noted that Jinja City Council has dozens of court cases, most of which could have been avoided if only the technical officers were patriotic enough and acted accordingly.
This same issue sometime back also prompted MPs of the Local Government Public Accounts Committee (PAC) to counsel the leadership of Jinja City to consider negotiations instead of pursuing protracted legal battles, which they are lazy at following.
The Auditor General (AG), in a report during the 2020/2 financial year, highlighted the city’s countless court cases and a reluctance (deliberate) to attend proceedings which always go against the city with corresponding penalties.
The AG did not rule out the possibility of collusion between some shrewd officials and plaintiffs who are out to defraud the government through cooked compensation claims.
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