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Uganda decisions
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Kunywana Barnabas and Others v Fort Portal City Council and Another (HCT-01-CV-MC-0022-2024) [2025] UGHC 272 (25 April 2025)
The High Court struck out a judicial review application over regularisation of city council appointments, finding it time-barred and an abuse of court process.
Muhumuza and Another v Buhweju District Local Government and Another (Labour Dispute Claim 5 of 2023) [2025] UGIC 5 (21 January 2025)
The court found that the Claimants were appointed as machine operators under salary scale U8, not U7, in accordance with the Approved and Costed Staff Establishment and Ministry of Public Service guidelines. Any reference to U7 in their appointment letters was an administrative error, which the appointing authority was entitled to correct. The Claimants never received salary under U7, and no unilateral variation in pay occurred. As such, they were not entitled to salary arrears, allowances, or damages. The claim for constructive dismissal was not substantiated, as the Claimants were not termi…
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Ategeka and 15 Others v Kagadi District Local Government (Miscellaneous Cause 15 of 2022) [2024] UGHC 871 (26 April 2024)
The High Court dismissed a judicial review challenge by 16 teachers against Kagadi District Local Government, finding they were not lawfully appointed employees.
Okello v Serere District Local Government and Another (Miscellaneous Cause 17 of 2022) [2022] UGHCCD 296 (31 May 2022)
The High Court dismissed a judicial review challenge over a district engineering post, holding that no reviewable decision or illegal process was proved.
Baguma v Kampala Capital City Authority (MISCELLANEOUS CAUSE NO. 318 OF 2019) [2020] UGHCCD 155 (13 May 2020)
The court found that the Respondent's delay in issuing the appointment letter to the Applicant was a breach of statutory obligation under Regulation 29(1) of the Public Service Commission Regulations, but did not amount to a violation of constitutional rights as alleged. There was no evidence of discrimination within the meaning of Article 21(3) of the Constitution, nor was there proof of violation of economic rights under Article 40, as salary and benefits only accrue upon formal appointment and deployment. The Applicant was not entitled to salary or benefits for the period prior to his form…
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Mutesi v Attorney General (MISCELLANEOUS CAUSE NO. 241 OF 2016) [2020] UGHCCD 32 (7 February 2020)
The court found that the application was overtaken by events and rendered moot, as the appointment of Martin Mwambutsya as Commissioner for Civil Litigation had already been regularized and implemented. The instrument the applicant sought to quash was not an appointment but an advisory communication from the President to the PSC, which had already been acted upon. The court held that granting the orders sought would be futile, as there was no longer a live controversy or practical remedy available. The supplementary affidavit filed by the applicant was disregarded for being filed out of time…
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Asiimwe Vs Attorney General (Civil Appeal No. 050 of 2009) [2019] UGCA 132 (28 May 2019)
The Court found that the Constitutional Amendment Act, 2005, which amended Article 188, did not invalidate the appellant's substantive appointment as Chief Administrative Officer, nor did it require him to undergo a fresh interview or reappointment by the Public Service Commission. The advice of the Attorney General and the actions of the Public Service Commission were not based on law and had no legal effect on the appellant's appointment. The process leading to the appellant's retirement was unconstitutional and unlawful. The appellant's appointment remained valid, and he was entitled to re…
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Ariho v The Governing Council of Uganda College of Commerce, Pakwach (MISCELLANEOUS CIVIL CAUSE No. 0009 OF 2016) [2016] UGHCCD 92 (3 November 2016)
The respondent's decision to 'hand back' the applicant to the Ministry of Education, Science, Technology and Sports and to appoint a caretaker Principal was ultra vires and illegal, as the respondent lacked statutory authority to remove or replace the Principal, a power reserved for the Education Service Commission and Permanent Secretary under the Universities and Other Tertiary Institutions Act. Furthermore, the respondent failed to afford the applicant a fair hearing in accordance with the audi alteram partem rule, as the applicant was excluded from deliberations and not given an opportuni…
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Musho v Tororo District Local Government (Labour Dispute Claim 44 of 2015) [2015] UGIC 4 (4 November 2015)
The court found that the creation of Butaleja District imposed a legal duty on Tororo District to identify and recruit staff for the new district in the absence of a District Service Commission. The appointment and deployment of the claimant to Butaleja District was proper and regularised by the adoption of the relevant minute from Tororo District Service Commission. Section 185 of the Local Government Act was interpreted to mean that the claimant, once deployed, became an employee of Butaleja District Local Government, and Tororo District Local Government ceased to be responsible for his emp…
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