Two men calling themselves Concerned Residents of
Kasese are intending to sue the district council for not following the right
procedure in 2010 when passing a resolution to split the district into three
that include Rwenzori, Bwera and Kasese.
Lucas Bwambale Buhaka and Milton Bwambale Bikopo all
residents of Kasese Municipality have served the district authorities with a
statutory notice of intention to sue through their lawyers of the MMC and
Company advocates based in Kampala.
The duo are challenging the district council for
discussing and passing a motion moved by the then Chairman LC 5 Rev. Can.
Julius Kithaghenda to split the district into three when he was not a secretary
on the executive or a councilor as mandated by Law.
Buhaka while addressing a press conference at his
home in Nyamwamba Division said that the rules of procedure of does not provide
for the district chairman to move a motion other than giving a state of affairs
address.
Through their lawyers, Buhaka and Bikopo want court
to declare the October 26, 2010 motion and resolution null and void hence
asking the council to revoke the decision.
They also want general damages to the people who are
opposed to the split basing on the fact that they were not fully consulted
before the motion was passed in the district council.
They also want court to grant them the costs of the
suit in case the district fails to defend itself beyond reasonable doubt that
the right procedure was taken when taking the decision.
At the district headquarters, the notice of
intention to sue was received and signed by the Assistant Chief Administrative
Officer Wilson Asaba and Clerk to council Godwin Bihanikire on October 4th
and they are yet to respond before a civil suit is registered in High Court.
The proposal to split Kasese district has caused
controversy as interest groups that include the Rwenzururu Kingdom, the ethnic
minorities and residents opposing the decision of council. END.
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