Aggrieved Police Officer Sues Kayihura for Denying Him Permission to Resign

A police officer at the rank of Deputy Assistant Inspector of Police has dragged the former Inspector General of Police (IGP), Gen Kale Kayihura to court over his failure to approve his request to retire from the Police service.

DAIP Nelson Mungasa through his lawyers M/S Kiwanuka and Company Advocates has filed a civil suit to the High Court against Kayihura contesting the actions of former IGP whom he accuses of frustrating his efforts to retire and run for a political seat.

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In his case, Mungasa who has served the Police for the last 15 years says he handed in a request for resignation to the Office of the IGP on July 27, 2015 through the DPC Jinja Road Police Station so as to participate in the then impending national politics.

“But the defendant [Kayihura] in disregard of the law and in usurpation of the powers of the Police Council wrote to the Chairman NRM Electoral Commission informing him that the plaintiff [Mungasa] had not been officially retired from Police,” the applicant argues.

Mungasa would further in a letter dated September 13 write to the Office of the IGP specifically to the attention of the Human Resource Officer seeking their guidance and a quick response to the letter from the Chairman NRM Electoral Commission as to the status of his resignation.

In response, the Human Resource Department wrote to Mungasa on September 16, saying his application for resignation was due for consideration before the Police Council and the meeting for the same was sheduled for the coming five days.

This prompted Mungasa and his former lawyers to file a complaint with the then Permanent Secretary in the Ministry of Internal Affairs requesting his intervention in the matter, who then immediately wrote to the then IGP Kayihura requesting him to review Mungasa’s matter with immediate effects. However, Kayihura chose to ignore the request.

Mungasa is suing for general damages, exemplary damages, costs of the suit and any other relief the court may deem fit.