The court emphasized that only the District Service Commission possesses the authority to hear and determine disciplinary matters involving district employees and that this responsibility cannot be delegated to chief administrative officers.
The High Court in Kabale has ruled that Kabale District Local Government acted unlawfully by removing former Senior Economist Ampumwize Nad Kibatenga from the district payroll without following the legally required disciplinary process, ending a long-running dispute that began with his interdiction in 2006.
In a landmark judicial review decision, Justice Karoli Lwanga Ssemogerere held that the district’s Chief Administrative Officer (CAO) exceeded his legal authority by effectively terminating Kibatenga’s employment status without a hearing before the District Service Commission, the body mandated by law to handle disciplinary proceedings against district employees.
Kibatenga, who joined Kabale District Local Government in 2000, was interdicted in November 2006 after being charged with corruption-related offences, including causing financial loss, embezzlement and false accounting. He remained on interdiction until his conviction in 2011 and served a three-year prison sentence before his release in 2013.
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The applicant told court that although he received half salary for part of the interdiction period, payments stopped after November 2007. He further argued that despite repeatedly seeking clarification, reinstatement and payment of salary arrears, the district never formally dismissed him or concluded disciplinary proceedings against him.
The district government and the Attorney General opposed the application, arguing that Kibatenga had absconded from duty after serving his sentence and had failed to exhaust available administrative remedies before approaching the court.
However, Justice Ssemogerere found that the district’s failure to conclusively address the applicant’s employment status created a continuing administrative injustice. The judge noted that while Kibatenga’s criminal conviction carried legal consequences, including a statutory disqualification from holding public office for a period under the Anti-Corruption Act, such disqualification did not automatically amount to dismissal from public service.
The court emphasized that only the District Service Commission possesses the authority to hear and determine disciplinary matters involving district employees and that this responsibility cannot be delegated to chief administrative officers.
Justice Ssemogerere rejected some of the remedies sought by the applicant, including automatic reinstatement and orders preventing any future disciplinary proceedings. The court held that reinstatement could not be granted in the absence of a formal determination by the competent disciplinary authority.
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Instead, the judge directed that Kibatenga’s employment dispute, including claims for salary arrears and benefits accrued during his prolonged interdiction, be referred to the District Service Commission for consideration and determination in accordance with the law.
The court also awarded Kibatenga sh10m in general damages for the administrative unfairness and prolonged uncertainty arising from the district’s failure to properly resolve his employment status.
Legal analysts say the ruling reinforces the principle that public employers must strictly follow statutory disciplinary procedures and cannot remove employees from payrolls or effectively terminate employment through administrative action alone.
The decision is expected to have wider implications for local governments across Uganda, particularly in cases involving long-term interdictions and unresolved disciplinary proceedings.