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Kagoma Skyluck & 4 oers v Kabale District Local Government (HCT-05-CV-MA-0031-2005 ) (HCT-05-CV-MA-0031-2005)

High Court · [2005] UGHC 102 · 2005 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking a writ of certiorari to quash a decision of the District Council
Decision
Application for certiorari dismissed as premature

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for judicial review. Held that the District Council acted within its powers under Rule 4 when it suspended Rule 108 to adopt the censure procedure under section 21 of the Local Governments Act. The court found no excess or lack of jurisdiction, no error on the record, and no breach of natural justice in the ongoing censure process. The application was premature as no final decision had been made affecting the applicants' tenure.

Outcome

Application for certiorari dismissed as premature

Facts

Five members of Kabale District Executive Committee held various secretarial positions. Some District Council members sought to censure them through petitions in November 2004 and January 2005, following the procedure under Rule 108 of the Model Rules of Procedure for District Councils. Both attempts were unsuccessful. On 10-11 February 2005, the District Council invoked Rule 4 to suspend Rule 108, voting 25 for and 10 against. The suspension was intended to avoid the cumbersome procedure under Rule 108 and instead follow the censure procedure under section 21 of the Local Governments Act. The applicants sought judicial review to quash the suspension decision, arguing it violated natural justice and constitutional protections. The censure proceedings were still ongoing and had not resulted in any removal from office.

Issues

  1. Whether the District Council's suspension of Rule 108 of the Model Rules of Procedure for District Councils violated the principles of natural justice.
  2. Whether the Council's decision to suspend Rule 108 in order to proceed with censure proceedings exceeded or lacked jurisdiction.
  3. Whether the application for certiorari was premature given that the censure process was still ongoing.

Orders

  • Application dismissed with costs.

Rules and key headnotes

Certiorari — Grounds for Issue — Requirement of Final Decision
Certiorari will issue to quash a determination for excess or lack of jurisdiction, error of law on the face of the record, or breach of the rules of natural justice, but there must be a decision or determination in place before the writ can issue.
Local Government — Censure Procedure — Suspension of Rules
A District Council may invoke its power under Rule 4 of the Model Rules of Procedure to suspend Rule 108 and adopt the alternative censure procedure provided under section 21 of the Local Governments Act without exceeding its jurisdiction.
Premature Applications — Ongoing Proceedings
An application for judicial review is premature where the impugned administrative process is still ongoing and no final determination affecting the applicant's rights has been made.
Natural Justice — Procedural Fairness in Ongoing Proceedings
Where a local government body adopts a lawful alternative procedure for censure proceedings that remains ongoing and has not affected the office holders' tenure, there is no breach of natural justice warranting judicial intervention at an interlocutory stage.

Legislation cited (6)

Cases cited (3)

  • In Re Application by Bukoba Gymkhana Club [1963] EA 478
  • Masaka District Growers Cooperative Union v Mumpiwakoma Growers Cooperative Society Ltd & 4 Ors [1968] EA 258
  • R v Statutory Visitors to St Lawrence's Hospital, Caterham, ex parte Pritchard [1953] 2 All ER 766

Full judgment

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

Kagoma Skyluck & 4 oers v Kabale District Local Government (HCT-05-CV-MA-0031-2005 ) (HCT-05-CV-MA-0031-2005) [2005] UGHC 102 (7 July 2005)
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.