Wakilii

Baguma v Kampala Capital City Authority (MISCELLANEOUS CAUSE NO. 318 OF 2019)

High Court · [2020] UGHCCD 155 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional application for enforcement of fundamental rights under Article 50(1) of the Constitution
Decision
Application dismissed; Applicant failed to establish violation of constitutional rights. Applicant's claim for compensation statute-barred under the Limitation Act.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Respondent's delay in issuing the appointment letter, although a breach of statutory obligation under Regulation 29(1) of the Public Service Commission Regulations, did not constitute a violation of the Applicant's constitutional rights under Articles 21, 24, 28, 40, 42 and 45. The delay was due to budgetary constraints and affected all successful candidates equally, so there was no discrimination. The Applicant only became an employee entitled to salary after accepting the offer in writing and being deployed. Any claim for compensation was statute-barred under the Limitation Act. Application dismissed.

Outcome

Application dismissed; Applicant failed to establish violation of constitutional rights. Applicant's claim for compensation statute-barred under the Limitation Act.

Facts

In 2012, the Public Service Commission advertised a post for Officer Registration Collection and Assessment KCCA 7. The Applicant applied, was interviewed, and on 12 December 2012 received a notification of appointment from the PSC. He was advised to report to the Respondent's responsible officer within 30 days, failing which his appointment would lapse. The Applicant resigned his previous job and reported to the Respondent, who referred him to the Director Human Resource. He was told the Respondent was not ready and advised to wait. The Applicant was not called but made routine checks from 2013 to 2019. In May 2019, he was finally given his appointment letter and deployed. He claims the delay violated his constitutional and economic rights, caused him to lose salary of UGX 3,367,050 per month for over six years, and that another person was employed on contract in his place.

Issues

  1. Whether the Respondent's responsible officer's refusal to issue the Applicant with a letter of appointment within one month from the date of notification/offer amounted to a violation of the Applicant's right to a just and fair treatment in administrative decisions contrary to Article 42 of the Constitution
  2. Whether the refusal by the Respondent's responsible officer to issue the Applicant with the appointment letter within 30 days after being given an offer letter was a violation of his economic rights contrary to Article 40 of the Constitution
  3. Whether the refusal by the Respondent to employ the Applicant after receiving the offer letter from Public Service Commission was in contravention of Articles 21, 24, 28, 40, 42 and 45 of the Constitution
  4. Whether the Respondent's refusal to carry out its mandatory obligation under the law for over six years was high handed, arbitrary and against the National Objectives and Directive Principles of State policy particularly No. XIV
  5. Whether the Applicant is entitled to the remedies sought

Orders

  • Application dismissed.
  • Related test cases (Misc Causes No. 312–360 of 2019; MC No. 366–368 of 2019; MC No. 384, 397 & 403 of 2019 Namono Mary & 55 Others versus Kampala Capital City Authority) also dismissed.
  • No order as to costs.

Rules and key headnotes

Article 42 — Right to Just and Fair Treatment in Administrative Decisions — Requirement of Appearance and Administrative Decision
Article 42 of the Constitution requires that a person must have appeared before an administrative official or body with a view to being heard and that an administrative decision must have been taken. Where there is no appearance and no administrative decision, Article 42 is not engaged.
Article 21 — Equality and Non-Discrimination — Grounds of Discrimination
Discrimination under Article 21(3) of the Constitution means giving different treatment to different persons attributable only or mainly to their descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. Alleged different treatment not falling within these categories does not constitute discrimination under the Constitution.
Public Service — Appointment — Effective Date and Entitlement to Salary
Under Paragraph 12(A-C) of the Public Service Standing Orders 2010, no appointment of a public officer is deemed effective until the responsible officer has made an offer to the officer and the officer has accepted the offer in writing. Until the officer has formally accepted the offer in writing and reported to duty, the salary attached to the appointment shall not be paid. Salary is only payable for work done.
Public Service Commission Regulations — Statutory Duty to Issue Appointment Letter Within One Month
Regulation 29(1) of the Public Service Commission Regulations 2009 imposes a mandatory obligation on the responsible officer to issue a letter of offer or appointment within one month from the date of approval by the appointing authority. Failure to comply with this duty constitutes a breach of statutory obligation, regardless of the reason for the delay.
Limitation of Actions — Claim for Compensation for Administrative Delay
Compensation for loss of earnings resulting from an administrative authority's failure to act in time must be sought within three years under Section 3(1) of the Limitation Act. Where an applicant fails to file a claim for compensation within the limitation period, the right of action is extinguished and becomes statute-barred.

Legislation cited (25)

Cases cited (5)

  • Nyote Abdalla Mullan v Kampala Capital City Authority (Miscellaneous Cause No. 38 of 2018)
  • Thomas Kwoyello alias Latoni v Uganda (Constitutional Petition No. 36 of 2011)
  • Carolyne Turyatemba and 4 Others v Attorney General and Another (Constitutional Petition No. 15 of 2006)
  • DFCU Bank Ltd v Donna Kamuli (Civil Appeal No. 121 of 2016)
  • Odyeki and Another v Yokonani and 4 Others (Civil Appeal No. 9 of 2017)

Full judgment

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

Baguma v Kampala Capital City Authority (MISCELLANEOUS CAUSE NO. 318 OF 2019) [2020] UGHCCD 155 (13 May 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.