THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT MBARARA
IN THE MATTER OF ARTICLES 42 AND 50 OF THE CONSTITUTION, SECTIONS 33 AND 36 OF THE JUDICATURE ACT CAP 13 (AS AMENDED) AND S. 93 OF CIVIL PROCEDURE ACT CAP 71
IN THE MATTER OF THE JUDICATURE JUDICIAL REVIEW RULES
IN THE MATTER OF AN APPLICATION FOR JUDICIAL RELIEFS OF CERTIORARI AND PROHIBITION
IN THE MATTER OF A DECISION BY THE PUBLIC SERVICE COMMISSION DIRECTING IBANDA DISTRICT COMMISSION TO RESCIND AND RE-ADVERTIZE THE APPOINTMENT OF MR. LAWRENCE G NUWAGIRA AS THE DISTRICT CHIEF FINANCE OFFICER
IN THE MATTER OF AN APPLCIATION FOR AN ORDER OF PROHIBITION RESTRAINING IBANDA DISTRICT SERVICE COMMISSION FROM IMPLEMENTING AN ULTRA VIRES DECISION/DIRECTIVE
LAWRENCE G NUWAGIRA............................................. APPLICANT
- PUBLIC SERVICE COMMISSION )
- ATTORNEY GENERAL ) RESPONDENTS
- IBANDA DISTRICT SERVICE COMMISSION )
BEFORE: THE HON. MR. JUSTICE LAWRENCE GIDUDU
This is a Ruling on an application for Judicial Review by Lawrence G Nuwagira against a decision of the Public Service Commission directing Ibanda District Service Commission to rescind the appointment of the Applicant to the office of Chief Finance Officer.
The application is supported by the affidavit of the Applicant and relies on several Annextures thereto but most important of all is annexture “BIAS” which is a letter dated 7/4/09 from the Secretary Public Service Commission addressed to the Secretary Ibanda District Service Commission.
The application seeks the orders of Certiorari and Prohibition. The grounds for the application are numerous but can be summarized as follows:
- That the Public Service Commission assessed the qualifications of the Applicant and advised the District Service Commission to rescind his appointment and re-advertize the job of Chief Finance Officer for the reason that the Applicant was not qualified to be appointed as such.
- That the Applicant was not given a hearing before the decision was reached to advise Ibanda District Service Commission to rescind his appointment.
- That the Public Service Commission fraudulently, illegally, unlawfully, in bad faith and exceeded its Constitutional Mandate.
- That if the decision of the Public Service Commission is implemented, the Applicant would have been condemned unheard.
The Respondent Attorney General opposed the application and filed two affidavits in reply. The affidavit of Mrs. Kefeero who is the Deputy Secretary of the Public Service Commission contended that the Public Service Commission has the mandate to determine appeals from persons aggrieved by the decision of District Service Commissions and had enough information to make a decision on the matter without requiring the attendance of the Applicant.
The second affidavit is that of Dr. Munyiga Felician which defended the decision of Ibanda District Service Commission to appoint the Applicant deponing that the advert for the job was made by the Ministry of Local Government and The District Service Commission was not at any fault. I understand Dr.