51. The Applicant submitted that the Attorney General has no powers to
review the IGG’s report as long as the mandate of the IGG derives
from the Constitution. Had he such a power, the Attorney General
should have applied
it to other investigations carried out by the
Inspectorate of Government instead of being selective and unequal
by quashing one report only without any legal basis or criteria, argued
the Applicant.
He contended that once he has made a disclosure followed by
investigations and findings of impropriety under the Whistle-blowers
Protection, the only action that should have been taken was the one
appropriate in accordance with Section 8 of the above Act to the
extent that the Applicant expected to be rewarded.
52. The Applicant therefore asserted that the actions of both the IGG
and Attorney General constituted an infringement and a breach of the
principles of good governance, accountability and rule of law as
provided for under Articles 6(d), 7(2) and 8(1)(c) of the Treaty.
53. In support of his submissions, the Applicant relied on the authorities
of James Katabazi & 21Others vs. Secretary General of the East
African Community and the Attorney General of the Republic of
Uganda EACJ Reference No.1 of 2007, Smit Indira Nehru Gandhi
vs. Shri Raj Narain & Anathor Air 1975 SC 2299 Supp SCC or
19762 SCR 347 and HEABC vs. Facilities Subsector Bargaining
Association 2004 BCSC 603 as well as on the definition of good
governance, accountability and rule of law in those decisions.
54. In conclusion, the Applicant invited this Court to find Issue No.3 in
the affirmative.
Reference No. 5 of 2013
Page 21