Kampala — Kampala High Court will next week decide whether to let Mr Nestor Machumbi Gasasira retain his post as principal accountant at the Ministry of Health and keep his wealth or not.

Mr Gasasira obtained an interim order three weeks ago from the High Court stopping the execution of the Inspector General of Government, (IGG)'s recommendation which directed the Permanent Secretary in the Ministry of Finance to dismiss him from the public service and take over his property.

IGG's recommendation

In a letter to the Ministry of Finance, the acting IGG, Raphael Baku, said an investigation into Mr Gasasira's wealth found false declarations, contrary to the Leadership Code Act. The report said his wealth was not commensurate to his income. Lawyers representing Mr Gasasira and the acting IGG, Mr Raphael Baku yesterday finalised their submissions before the Registrar of the Civil Division, Mr Isaac Muwata in relation to the appeal filed by Mr Gasasira to stay the execution of the IGG recommendations.

Lawyers face-off

Mr Gasasira, Mr Vincent Kasujja, the lawyer who represented the IGG argued that the interim order issued on November 2, was issued irregularly as there was no application before hand to that effect. "The Leadership Code Act stipulates that a person aggrieved by the decision taken against him from the basis of the findings contained in a report of the IGG may appeal against the decision to High Court, but not seek an interim order to stop its execution," Mr Kasujja said.

Mr Kasujja prayed that the interim order be dismissed with costs. However, Mr Geofrey Ntambirweki Kandeebe, representing Mr Gasasira said there are no rules made in the Leadership Code Act directing how an appeal should be made.

"The IGG makes his own findings which cannot be taken to be the decree. Appeals under order 43 are brought as way of memorandum. And a memorandum of appeal is made in hope that there is record in the lower court which this court can rely on for evidence," Mr Kandeebe said. "This appeal is one not based on record but decision contained in a letter and cannot be adduced in High Court without reference to a lower court of what transpired."