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23 Jul 2014

Administrative Law [2014] UGCA 97

Akayo v Kamuli District Local Council

Akayo v Kamuli District Local Council (Civil Appeal No. 08 of 2011) [2014] UGCA 97 (23 July 2014)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 08 of 2011
Judge: Kavuma, JA

The Court of Appeal held that the Chief Administrative Officer (CAO) acted ultra vires his powers by interdicting the appellant without a submission from the District Council, as required by Section 55(4) of the Local Governments Act. The District Service Commission (DSC) also acted unlawfully by dismissing the appellant based on a submission from the CAO rather than the District Council. The trial judge erred in law by failing to properly interpret and apply the mandatory provisions of the Local Governments Act and the Constitution, which require democratic participation and fair treatment i…

Source excerpt

Judicial Review
Disciplinary Control
Local Government Employment
Interdiction Procedure
Reinstatement Of Public Officers

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1 Sept 2005

Administrative Law [2005] UGHC 44

Isodo Abdul v Arua District Local Government (Misc Appl No 02-CV-MA-0058-2004) (Misc Appl No 02-CV-MA-0058-2004)

Isodo Abdul v Arua District Local Government (Misc Appl No 02-CV-MA-0058-2004) (Misc Appl No 02-CV-MA-0058-2004) [2005] UGHC 44 (1 September 2005)

Court: High Court of Uganda
Case number: Misc Appl No 02-CV-MA-0058-2004

The court found that both the respondent's council and the District Service Commission failed to comply with the statutory procedures for removal and interdiction of the applicant as Chief Administrative Officer. The council passed a resolution in the applicant's absence, denying him the right to be heard and violating the principle of natural justice (audi alterem partem). The resolution was not supported by the required two-thirds majority, and no proper notice was submitted to the Speaker as mandated by law. The District Service Commission acted beyond its powers by interdicting the applic…