High Court in Kampala dismissed an application for a temporary injunction in which presidential aspirant, Lt.Gen. Henry Tumukunde sought to have criminal summons against him by the Criminal Investigations Division halted.
The former security sued CID director, AIGP Grace Akullo and the Attorney General seeking orders that the arrest threats issued to him through summons by CID are a violation of his fundamental rights.
He claimed police was violating his rights to association and wanted to stop police from arresting him for not honoring the summons.
He later filed for a temporary injunction stopping CID from summoning, arresting and detaining him until the main case is disposed of.
On Tuesday, Justice Musa Ssekaana ruled that he could not issue an order stopping a government body from doing its functions.
“The grant of a temporary injunction against public authorities or entities is treated with caution and circumspection,” the judge ruled.
“Normally injunctions must not be granted against the public authorities or respondent’s executing public utilities or implementation of government projects.”
Ssekaana said public interest is one of the paramount and relevant consideration in either granting or refusing temporary injunctions and that courts should be careful while granting the same.
He said police is mandated to protect life and property, preserve law and order and prevent and detect crime yet the effect of the injunction sought by Tumukunde is to stop them(Police) from investigating and detecting crime, a thing he said cannot be allowed.
“The applicant has not availed any evidence to support his case for a temporary injunction. He has only stated that he does not know why he is summoned and that he is a civilian who is not subject to or connected to the UPDF or military law whatsoever,” Ssekaana said.
“The sum effect is that he has failed to make out a prima facie case that would have moved court to exercise its discretion to grant a temporary injunction. Ege
