Wakilii

Kabagambe v Attorney General (Miscellaneous Cause No. 0068 of 2014)

High Court · [2015] UGHCCD 167 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of a parliamentary resolution recommending that the applicant be held responsible for abuse of office
Decision
Application struck out for being filed out of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out the application for judicial review on the ground that it was filed outside the mandatory three-month limitation period prescribed by the Judicature (Judicial Review) Rules 2009. The court held that time began running from 27 March 2014 when Parliament adopted the resolution, and the application filed on 27 June 2014 was two days beyond the three-month limit. The applicant should have applied for extension of time, which was not done.

Outcome

Application struck out for being filed out of time

Facts

An adhoc parliamentary committee investigating the electricity crisis in Uganda recommended that the applicant, a Permanent Secretary, be held responsible for abuse of office for irregularly raising the loss factor capping from 33% to 38%. Parliament adopted this recommendation as Resolution 68 on 26-27 March 2014. The applicant filed an application for judicial review on 27 June 2014 challenging the legality of the resolution, arguing that Parliament flouted its rules of procedure and violated his constitutional right to fair treatment. The Attorney General opposed the application on the ground that it was filed outside the three-month limitation period.

Issues

  1. Whether the application was filed out of time.
  2. Whether resolution 68 was passed or adopted by Parliament.
  3. Whether Parliament flouted the rules of Parliament of Uganda in passing or adopting the impugned resolution.
  4. Whether the committee's procedure violated the applicant's constitutional right to a fair and just treatment when appearing before it.
  5. Whether the impugned resolution is irrational.

Orders

  • Application struck out with costs for being incompetent.
  • Costs awarded to the respondent.

Rules and key headnotes

Judicial Review — Time Limitation — Calculation of Limitation Period
Under Rule 5(1) of the Judicature (Judicial Review) Rules 2009, an application for judicial review must be made promptly and in any event within three months from the date when the grounds for the application first arose. Time begins running from the date the decision complained of was made, not from the date when the decision was communicated to affected parties.
Civil Procedure — Limitation — Strict Application of Statutes of Limitation
Statutes of limitation are strict and inflexible enactments whose overriding purpose is to put an end to litigation after a fixed length of time, irrespective of the merits of a particular case. Once the limitation period expires, the application is incompetent and must be struck out.
Administrative Law — Judicial Review of Parliamentary Proceedings — Justiciability
Resolutions, decisions and internal work of Parliament can be subjected to judicial review where Parliament flouts its rules of procedure, makes errors of law, or acts unfairly to a person affected by such decision or resolution. Parliament must act in accordance with constitutional provisions which determine its composition and the manner in which it must perform its functions.
Judicial Review — Grounds — Illegality, Irrationality and Procedural Impropriety
For an application for judicial review to succeed, there must be proof of illegality, irrationality or procedural impropriety. Judicial review is concerned with the lawfulness of the decision-making process, not with the merits of the decision itself.

Legislation cited (2)

  • Judicature (Judicial Review) Rules 2009 Rule 5(1)
  • Judicature (Judicial Review) Rules 2009 Rule 5(2)

Cases cited (8)

  • John Jet Tumwebaze v Makerere University Council & Others (Civil Application No. 78 of 2005)
  • Republic Vs Secretary of State for Education and Science exparte Avon County (1991) 1 ALLER 282
  • Ridge Vs Baldwin (1964) A.C 40
  • Semogerere v Attorney General (Constitutional Appeal No. 1 of 2000)
  • Twinobusingye v Attorney General (Constitutional Petition No. 47 of 2011)
  • Kasasa v Bwogi (Civil Appeal No. 42 of 2008)
  • Re Mustapha Ramathan (Civil Appeal No. 25 of 1996)
  • Hilton Vs Sutton Steam Laundry (1946) 1 KB 61

Full judgment

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

Kabagambe v Attorney General (Miscellaneous Cause No. 0068 of 2014) [2015] UGHCCD 167 (12 December 2015)
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.