High Court judge Justice Margaret Oumo Oguli has Saturday ordered government to compensate Gen David Sejusa with UGX 750million.
This followed her ruling that the UPDF Commissions Board erred when it refused to retire the former spymaster from the army in spite of the legal redress he sought.
The judge hinged her decision of three factors; whether the application was filed in time, whether the matter was amendable for judicial review and whether the refusal by the UPDF to deploy him, withdrawal of his guns and guards and other benefits meant a constructive discharge.
Gen Sejusa in his application told the High Court that he submitted his application to retire before Commander in Chief on December 20th last year, 2015 but never received any reply even after the 90 days spelt out by UPDF Act, within which he should have been replied to.
He said he proceeded to State House where he met with the Commander in Chief Gen. Yoweri Museveni, who in turn ordered the UPDF Legal Director to process his retirement certificate but nothing happened thereafter.
While the defendants (UPDF) claimed that Sejusa filed late the application before court, Justice Oguli ruled that the applicant attempted to follow this matter with hope that he could succeed and thus there was reason to extend the application period”
On whether or not the withdraw of Sejusa’s army uniform, guns, guards, failure to deploy him and denying him salary and other benefits meant constructive discharge from the army, the judge also ruled in the applicant’s favor.
“Constructive Discharge refers to termination of employment brought by making working conditions of the employee intolerable,” she explained, adding that on several occasions, Gen Sejusa applied to retire from the army but never received any reply.
“The respondent’s failure to reply was a clear manifestation that he had been discharged from the army”
The judge thus ordered government to pay Sejusa all his salary arrears, retirement benefits and a constructive certificate.
She also ordered the Chief of Defense Forces not to exercise any control against Gen Sejusa, through deploying or transferring him.
For spending 34years in government service, suffering to the extent of being thrown in prison and harassed, Justice Ogul ordered state to pay Sejusa UGX 750m, with 20 percent interest on it starting from today as well as paying for the costs of this case.
Addressing the media after this case, Sejusa praised God for standing with him in this challenging period.
“I am happy that at last justice has been served. God uses people at different levels and today he has used the Lady Justice.”