Frederick Robert Wakabi, the former Electoral Commission principal election officer in the Human Resource department has lost a court battle in which he sought to contest his termination over gross misconduct.
Wakabi was last year sacked for gross misconduct as stipulated under sections 11.4.9 and 11.6.9 of the commission’s human resource manual.
He was found guilty for incitement with intent to cause disobedience/strike to undermine the administration, making false statements and misrepresentations, disclosing confidential information from the commission’s deliberations and refusing to hand over office at a time he was suspended.
“I regret to inform you that the commission under CM.MIN.039/22 of their 011th meeting held on Friday March 4, 2022, directed that you be dismissed from the services of the Electoral Commission,” reads a letter of his termination (at the time).
Wakabi rushed to the High Court to challenge his dismissal and also sought general damages.
Court heard that Between 17th June, 2021 and 4th March, 2022, the Applicant was subjected to a disciplinary process by the Respondent (EC) leading to his dismissal on the 4th March, 2022 on account of allegations of gross misconduct.
It is the contention of the Applicant that the decision of the Respondent and the process leading to the decision was arbitrary, procedurally improper, irrational and illegal.
In her ruling the High Court judge Esta Nambayo said the Applicant was to appeal within 7 days from the date of notification by the Disciplinary Committee.
“There is no evidence presented to show that the Applicant appealed against the decision of the Disciplinary Committee as required of him,” reads the ruling.
“In view of the above, I would find that the Applicant did not
exhaust the existing remedies available within the public body as required under rule 7A (1) (b) of the Judicature (Judicial Review) (Amendment) Rules, 2019 and as such, this is not a fit
180 and proper case for Judicial Review.
Therefore, I find no merit in this application and do hereby dismiss it from court with costs. I so order.”
