Friday, 5 October 2012
RESIDENTS SUE DISTRICT KASESE OF PROPOSED SPLIT OF KASESE.
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.