It is unclear why the minister has failed to act despite advise from the Public Service Commission. On September 9th, 2019, Justice Ralph Ochan, the Chairperson Public Service Commission wrote to Kamya asking her to regularize Kitaka’s appointment.
Kampala Capital City
Authority-KCCA council has halted debate on the budget framework paper until they
establish the legal status of the Ag. Executive Director Eng. Andrew Kitaka.
According to the KCCA Act, the executive director is the accounting officer of
the Authority. Under the Public Finance Management Act, an accounting officer
is responsible for the budget among other things.
However, the KCCA council is
questioning Kitaka’s stay in office since he has stayed beyond that six months
that a public officer can hold a position in acting capacity.
Kitaka was appointed by
the Kampala Minister, Beti Olive Namisango Kamya in December 2018 to take over
duties of the Executive Director in acting capacity following the resignation
of the former ED, Jennifer Namakula Musisi.
He has never been
confirmed. Now, the KCCA Lord Mayor, Erias Lukwago, says both Kitaka and his
Deputy, Sam Sserunkuuma who is also serving in acting capacity have no legal
competence to present a budget before the Authority.
He says the council
has resolved to meet the Kampala Minister, Attorney General, Public Service Commission
and Finance minister before they can debate the budget framework paper despite
the November 15th, 2019 deadline.
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It is unclear why the
minister has failed to act despite advise from the Public Service Commission. On
September 9th, 2019, Justice Ralph Ochan, the Chairperson Public
Service Commission wrote to Kamya asking her to regularize Kitaka’s
appointment.
He says the Commission had sat and observed that acting
appointments didn’t apply indefinitely and needed to be regularized through the
normal appointment process.
“Members further observed that without a formal acting appointment, the
decision of the acting executive Director, if not challenged in court of Law,
would jeopardize service delivery and also lead to litigation in courts of law.
In addition, Eng. Kitaka’s continued unregularised stay in office was likely to
lead to audit queries,” read Justice Ochan’s letter.
Lukwago says the council
will not engage in an irregular process, saying they rather delay the budget discussions.
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Eng. Kitaka insisted on the floor of council that he had been appointed and was
the accounting officer with mandate to present the budget to the council for
consideration.
He expressed dismay
that council was discussing such an issue. Eng. Kitaka also expressed concern
that KCCA would delay passing the budget if they started discussing such
issues.
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Ag. Deputy Executive Director, Sam Sserunkuma said they will find ways to
ensure that people of Kampala get the services they need if the budget isn’t passed.
He says the office of the president cannot fail to find a solution to the
matter at hand.
Luganda Audio
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Councilors say they are disappointed that KCCA has directorates that are not
fully constituted.
Makerere University Councilor, Doreen Nyanjura wondered how
President Yoweri Museveni who is the appointing Authority easily appoints
presidential advisers and not technical people like those at KCCA.
She said as members of the council, they are not ready to continue with the
budget discussions with such an irregularity.
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Alice Amony, the Nakawa 1 Woman Councilor also expressed concern that such
important positions at KCCA have no substantive officers.
She said it doesn’t matter
if the budget process is delayed but they will not be a part to such anomalies.
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Council is scheduled to continue tomorrow after consulting with the other
government entities.
