Court rejects CIO request

case in the matter in which two operatives are contesting continued suspension.
Mr Ricky Mawere and Mr David Nyabando were suspended 13 years ago pending investigation into alleged misconduct.
The notice of opposition, according to the CIO, was meant to strengthen its case by replacing the one that had earlier been filed.

One of the suspended operatives queried the authenticity of an affidavit filed by CIO after the signature did not match that of the purported deponent.
That prompted the CIO to apply for late filing of another opposing affidavit. Mr Mawere and Mr Nyabando were suspended from work some time in 1998 on misconduct allegations emanating from fraud charges that were levelled against them.

The courts later acquitted the duo but they remained on suspension.
The two mounted a court application seeking nullification of their suspension and immediate reinstatement at the High Court.

Lawyers representing the CIO and the Minister of State National Security were late to file opposing papers and they sought permission to file the papers out of time. But Justice Susan Mavangira threw out the application after lawyers representing the CIO failed to justify why the court should grant them the permission.
“It is common cause that the signature on the first opposing affidavit was not that of the purported deponent.

“This appears to be the reason for the filing of the second set of opposing papers. The applicants have not denied the allegation made that the signature on the second affidavit is also a forged signature.
“As matters stand, the court is faced with applicants who appear to have adopted the attitude that condonation is for the asking and they need not to give a full explanation why they should be granted such condonation.

“Such an application cannot succeed. This is the fate of the application. The application is therefore dismissed with costs on an attorney and client scale,” ruled the judge.
The two argue that the suspension had gone for years without any disciplinary action and that they should be reinstated to their positions with full salary and benefits.