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Museveni has no powers to recruit police officers

Museveni shakes hands with police boss Martins Okoth Ochola

Museveni shakes hands with police boss Martins Okoth Ochola

Chief Justice David Maraga and his three colleagues in the historical decision which nullified Kenya’s 2017 elections stated that “…the rule of law “is the heritage of all mankind” and “a salutary reminder that wherever law ends, tyranny begins…“History has shown, sadly, that even the best rulers have fallen prey to the cruel desires of naked power, and that reliance on the goodwill of politicians is often a risky act of good faith. The moment we ignore our Constitution that Kenyans fought for the decades, we lose it.” 

In Uganda, Museveni’s regime ended the law and it’s now tyranny at work with naked power. In the past two weeks, the exercise of naked power has created problems and a disaster. It is problematic for the secretary to the Judicial Service Commission to tell me that she has no CVs for Chief Justice Bart Katureebe and Justices Arach-Amoko, Jotham Tumwesigye and Elizabeth Musoke, which I need as evidence in my age-limit case in the East African Court of Justice, for which I launched a fundraising drive.

The Chief Registrar wrote that she cannot avail me the particulars of service of judges unless with a court order. It is disastrous for Museveni to “recruit” several army officers into Uganda Police, giving them a rank of Assistant Inspector General of Police, which was itself created by Museveni by Statutory Instrument No. 17 of 2002, signed by the late Eriya Kategaya, to dilute the known police command just like he has now created the position of “Police Chief of Staff” to create a semblance of military command. He did not refer to any law because there’s none giving him these powers. He used tyranny and naked power.

The president neither commands the police nor prisons. The only command given to him under Article 98(1) of the Constitution is of UPDF because armies deal with enemies to our sovereignty while police and prisons are trained to handle citizens.

Article 213 of the Constitution provides that “In the performance of the functions under clause (3) of this article, the Inspector General of Police shall be subject to and act in accordance with the laws of Uganda; except that on matters of policy, the President may give directions to the Inspector General.” Mr. Museveni, recruitment of military persons and assigning them police ranks is not a policy matter.

Although Section 8 of The UPDF Act mentions the president as a commander-in-chief, sections 5-12 of The Police Act on command of the force don’t have the president as the commander. Section 14(2) provides that “The Police Authority shall establish the procedure and form of application to be adopted in the appointment of senior police officers to the force.”

It is now well known that every police recruitment is advertised for keeping in line with Article 214(b) of the Constitution “ensuring that members of the Uganda Police Force are recruited from every district of Uganda”. Although former Inspector General of Police Kale Kayihura’s era had its own way of violating this provision hence the lack of regional balance among the commanding officers.

Getting a police rank is not an event; it is an elaborate process known to career police officers. Section 9(1)(b) of the Police Act provides that “Subject to the Constitution, the functions of the Police Authority are — to advise the president on the appointment of — the Inspector General of Police; the Deputy Inspector General of Police; Assistant Inspector Generals of Police; and Commissioners of Police.”

The president has no powers to send names of people to occupy police command positions without the advice of the Police Authority. Question is, did he get this advice before appointing Katumba Wamala, Kayihura and Ochola as IGP, Sabiiti Muzeeyi as Deputy IGP or the now Museveni named AIGPs? No. That is because the Police Authority cannot advise persons who are not in police service.

‘Recruited’ officers must know that they are holding offices illegally because a police officer is not created by merely abandoning an army uniform and putting on a police one; it’s beyond that. Tomorrow, Museveni may appoint a prison officer to head UPDF.

malehmkk@gmail.com

The author is a Petitioner against Age-limit Removal.

Comments

+1 #1 Akot 2019-07-10 19:50
[Museveni has no powers to recruit police officers]

Realy!

Is it not Ugandans used by Museveni to do as he wishes or thrown out,locked up?

Is court not waiting for Museveni to tell it what to do with sister Dr Nyanzi, locked up like an illegal migrant without documantations, in the country that belongs to Museveni?

Who controls parliament, court, tribal leaders, ministers, heads of deprtments/districts...?

Where is Rwenzururu tribal leader now?

Who hands out tax money without permission from any one, but him?

Who orders Ugandans to teargas, harass, arrest Dr Besigye, mp Bobi Wine, Dr Nyanzi...& it's done immediately?

Who has already called useless divisive opposition leaders to join him & make him the only candidate at next fake election he says is democratic & who controls electoral commission?
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0 #2 Akot 2019-07-10 20:09
[“History has shown, sadly, that even the best rulers have fallen prey to the cruel desires of naked power, and that reliance on the goodwill of politicians is often a risky act of good faith. The moment we ignore our Constitution that Kenyans fought for the decades, we lose it.”]

Agreed,

This is why finally, Kenyans came out on streets to ensure it's the 'people' who bring leaders on & if their terms are over, they MUST leave or are thrown out by the people!

Even in devloped democracies, power corrupts & this is why people are alert; never let a leader go without challenge with real active opposition & the people demanding actions as & when they need them!

British realised they shouldn't have given T. Blair & third therm & his own party replaced him, to avoide throwing UK in chaos.

German Chancellor has been made to leave her seat as party leader & won't stand again!...
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0 #3 Akot 2019-07-10 20:13
...T. May went for early election that reassured her post, but had to stand down before her term to avoid further confusion!

French F. Holland didn't dare rerun as his people cried out loud he did nothing for them & had no legitimacy to rerun! We know Hollande had been the only European leader so far, to give Africa the big lines to follow, in order to put in palace good governance! Did African so called leaders listen to
F. Hollande calling them to work for their people, from grassroot, end wars?

Kenyans, why is B. Obama & family not yet awarded Honorary Citizenship of Kenya, so so needed as Kenya president goes to USA...to ask for help, yet is not aware B. Obama could do just that unconditionally, the moment he is recognised as part of Africa & not a foreigner coming for holidays?
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0 #4 Akot 2019-07-10 20:26
Yet, at this point in history, Ugandans must be really worried;

- What will they do if Museveni becoms a real man, dissolves the tribalistic system & make the zone what he wants?

- What will they do when Museveni who controls every institution with no chance for alternative, drops dead, even in 30 years?

Ugandans do see how UNITED people of Algeria/Sudan are on roads to no where because of dictatorship/1 man rule that allowed no opposition, thus no alternative leadership, right!

Tribalistic system of rule left Libyans without common leader & they have been at tribal war since Kadhafi was killed, yet they celeberated his death, except the dictator's tribe of course!
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+1 #5 kabayekka 2019-07-10 21:21
If he has no power to do it then he does it at his own peril.

He therefore has no one to blame when it all goes badly wrong for him.

Unfortunately the parliament of Uganda and the opposition tend to blame themselves for having given this Presidency too much power!
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+2 #6 kabayekka 2019-07-10 21:31
Mr Mabirizi, one thinks that you have seen the video clip about the lots of money the President of Sudan was keeping at his residence.

With such powers given to him and now where he is now, whom should he blame?

The African Union or the International Criminal Court? If he had accepted to resign and gone to attend the ICC president Bashir would be somewhere decent. The majority of the people of Sudan of course want him dead and that one the military minority does not want it done.
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+3 #7 Lakwena 2019-07-11 08:23
Thanks Mabirizi for this eye-opening revelation.

In other words, what an absurdity:

Absurd that even the IGP Afande Ochola and a lawyer by training at that; who is the "Chief Crime Preventor", to superintend the rule of law and order in this country, has no capacity to call Mr. M7 to order, to follow the rule of law, or resign.

It is also absurd that our MPs who make the laws of this land, can't even raise a finger in objection to What Mr. M7 is doing to the Police and the country.

Because of their culture of poverty and dependency on Mr. M7's bribes and handouts; they are in parliament not even like lame ducks, but dead ducks.

Otherwise, Mr. M7 criminality is making the UPDF an excess baggage to the police.
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+2 #8 Lysol 2019-07-13 23:17
The over-militarized police his nothing but one of the many militias groups( and the so-called sister security personals) operating in the country at all levels just to protect the corrupt old Museveni and his cronies.

Uganda will start all over again after he is gone.
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