AIP Justus Kabagambe v The Inspector General of The Uganda Police Force (Miscellaneous Cause No.128 of 2008) (Miscellaneous Cause No.128 of 2008)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that the Inspector General's dismissal of the applicant while his criminal appeal was pending violated section 58 of the Police Act, which prohibits disciplinary proceedings until the conclusion of criminal proceedings and any appeals. Further held that only the Police Council has authority to dismiss officers below the rank of First Commissioner, and that dismissal is not automatic upon criminal conviction but requires separate disciplinary proceedings with a full hearing. Certiorari and prohibition granted.

Outcome

Applicant reinstated as member of Uganda Police Force with entitlement to benefits; Inspector General restrained from evicting applicant or seizing police kit

Facts

The applicant was an Assistant Inspector of Police convicted by the Chief Magistrate's Court on 1 September 2004 of malicious damage to property and demanding money with menaces. On appeal to the High Court, the malicious damage conviction was set aside but the conviction for demanding money with menaces was upheld. The applicant was granted leave to appeal to the Court of Appeal out of time and filed his appeal on 15 January 2007. While that appeal was still pending, the Inspector General of Police wrote to the applicant on 15 October 2007 dismissing him from the Police Force, ordering him to hand over government kit, vacate police barracks, and forfeit all benefits. The applicant sought certiorari to quash the dismissal and prohibition to prevent his eviction. The respondent filed no reply and the hearing proceeded ex parte.

Issues

1. Whether the Inspector General of Police had power to dismiss the applicant from the Police Force while his criminal appeal was still pending before the Court of Appeal.
2. Whether the Inspector General of Police had statutory authority to dismiss the applicant without proceedings before the Police Council.
3. Whether the decision to dismiss the applicant was ultra vires, illegal, and in breach of natural justice.

Orders

• Certiorari issues.
• The decision of the Inspector General of Police dismissing the applicant from the Police Force on 15th October 2007 is quashed.
• The applicant is still a member of the Uganda Police Force to date.
• The applicant is entitled to all the benefits he was entitled to upon his interdiction and before conviction.
• Prohibition issues restraining the Inspector General of Police from causing or forcing the applicant to hand over the police kit and vacate the police barracks.
• The applicant is to recover the costs of this application from the respondent.

Rules and key headnotes

Legislation cited (5)

• Judicature Act Cap.13 s.36
• Constitution Article 213
• Police Act s.58
• Police Act s.46
• Police Act s.47

Cases cited (2)

• R. Vs. National Joint Council For Dental Technicians Ex-Parte Neate (1953)
• Sharp v Welfield (1891) AC 173

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Wacco Fred v Nebbi District Local Government (Civil Appeal No. 63 of 2016)

The original judgment as reported. Read the original PDF before relying on any passage.