Wakilii

Dr Kasozi V Attorney General & Another (Miscellaneous Cause No. 206 of 2018)

High Court · [2019] UGHCCD 125 · 2019 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of administrative decision refusing to shortlist applicant for medical post
Decision
Decision of 6th August 2018 quashed; matter remitted to Health Service Commission for reconsideration with hearing

Observed later treatment

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Holding

Held that a public body conducting an appeal against an administrative decision must accord the affected person a hearing before deciding the appeal. The Health Service Commission's decision rejecting the applicant's appeal without hearing him on whether he had attached his practising licence violated natural justice and constitutional rights under Articles 28 and 42. Order of certiorari granted quashing the decision.

Outcome

Decision of 6th August 2018 quashed; matter remitted to Health Service Commission for reconsideration with hearing

Facts

Dr Kasozi Charles applied for the post of Medical Officer Special Grade (Family Medicine) at Butabika National Referral Mental Hospital. He was interviewed on 10 April 2018 but received no results. The post was re-advertised in May 2018. He re-applied but was informed he was not shortlisted for failure to attach a valid Annual Practising Licence. He appealed on 19 July 2018, stating he had obtained his practising licence in March 2018 and that any omission was a technical or human error. The Health Service Commission responded on 6 August 2018 rejecting his appeal without affording him a hearing, stating he had not attached a valid practising licence as required by the advertisement.

Issues

  1. Whether the application raises any matter for judicial review
  2. Whether the Health Service Commission violated the principles of natural justice and the right to a fair hearing in arriving at its decision of August 2018
  3. Whether Board G was properly constituted and had competence to interview the applicant
  4. Whether the applicant is entitled to the remedies sought

Orders

  • Order of certiorari granted quashing the decision of the respondent dated 6th August 2018.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Administrative Law — Judicial Review — Scope and Purpose
Judicial review is concerned not with the decision in issue but with the decision-making process through which the decision was made. It is the court's supervisory jurisdiction to check and control the exercise of power by those in public offices or bodies exercising quasi-judicial functions. The orders sought under judicial review do not determine private rights but are discretionary in nature.
Judicial Review — Grounds for Review — Illegality, Irrationality, Procedural Impropriety
To succeed under judicial review, an applicant must prove that the decision made was tainted either by illegality, irrationality, or procedural impropriety. The dominant consideration in administrative decision-making is that public power should be exercised to benefit the public interest, and officials exercising such powers have a duty to accord citizens their rights, including the right to fair and equal treatment.
Administrative Law — Natural Justice — Right to be Heard
It is a fundamental principle of natural justice that a decision which affects the interests of any individual should not be taken until that individual has been given an opportunity to state his or her case and to rebut any allegations made against him or her. A public body that decides an appeal without hearing the appellant violates this principle and acts with procedural impropriety.
Human Rights — Right to a Fair Hearing — Constitutional Guarantee
The right to a fair hearing is enshrined in the Constitution under Articles 28 and 42. Where a public body makes a decision affecting a person's interests without according that person a hearing, it violates these constitutional rights. This is a ground for judicial review and for quashing the decision.
Administrative Law — Composition of Decision-Making Bodies — Judicial Review
The composition of a body established to perform a specific task cannot be questioned in judicial review proceedings unless there is statutory guidance given on the composition of such a body or there are grounds of bias, conflict of interest, or taking of an irrational decision. A public body is competent to select members of an interviewing panel even if they do not hold the same qualifications as the applicant or have not worked in the same institution.
Judicial Review — Remedies — Order of Certiorari — Effect
The primary purpose of certiorari is to quash an ultra vires decision. By quashing the decision, certiorari confirms that the decision is a nullity and is to be deprived of all effect. The decision is retrospectively invalidated and deprived of legal effect since its inception. The effect is to establish that statutory or other public law powers have been exercised unlawfully and to deprive the public body's act of any legal basis.

Legislation cited (5)

Cases cited (10)

  • John Jet Tumwebaze v Makerere University Council & 2 Others (Miscellaneous Cause No. 353 of 2005)
  • DOTT Services Ltd v Attorney General (Miscellaneous Cause No. 125 of 2009)
  • Balondemu David v The Law Development Centre (Miscellaneous Cause No. 61 of 2016)
  • Council of Civil Service Union v Minister for the Civil Service [1985] AC 374
  • Twinomuhangi v Kabale District and others [2006] HCB 130
  • Commissioner of Land v Kunste Hotel Ltd [1995-1998] 1 EA (CAK)
  • Kenya Revenue Authority v Menginya Salim Murgani (Civil Appeal No. 108 of 2009)
  • R v Aston University Senate ex p Roffey [1969] 2 QB 558
  • R v Secretary of State for Health ex p Furneaux [1994] 2 All ER 652
  • Cocks v Thanet District Council [1983] 2 AC 286

Full judgment

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

Dr Kasozi V Attorney General & Another (Miscellaneous Cause No. 206 of 2018) [2019] UGHCCD 125 (28 June 2019)
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.