Kibuuka Lawrence v Uganda Electricity Transmission Company Limited (Miscellaneous Cause 263 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An application for judicial review challenging an employer's decision not to renew a fixed-term employment contract must be filed within three months of the decision under section 40(7) of the Judicature Act and Rule 5(1) of the Judicature (Judicial Review) Rules, 2009. Pursuing internal remedies before filing does not automatically suspend or extend the statutory limitation period. The applicant must furnish good reasons to warrant an extension of time. Where no good reason is shown and the application is filed outside the three-month period, the court lacks jurisdiction to entertain the matter.
Outcome
Application dismissed as time barred
Facts
The applicant was employed by the respondent as a Projects Accountant on fixed-term contracts from February 2014. His final contract ran from 28 June 2021 to 30 June 2023 and did not contain a renewal clause. On 8 February 2023, the respondent issued a memo to staff stating that contracts would be renewed for critical positions following ministerial authorization. On 8 May 2023, the applicant expressed interest in re-engagement. On 24 May 2023, the respondent informed the applicant that his contract would not be renewed because the Mutundwe-Entebbe project to which he was attached was ending and funding would cease. The project was completed on 31 May 2023. The applicant's contract lapsed on 30 June 2023 and he received terminal benefits. On 19 June 2023, the applicant wrote seeking an explanation. The respondent responded on 28 August 2023 reaffirming its decision. The applicant filed this judicial review application on 17 November 2023, approximately six months after the decision and nearly three months after the final response.
Issues
- Whether the application for judicial review was time barred.
- Whether the application was amenable to judicial review.
- What remedies are available to the parties.
Orders
- Application dismissed.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (3)
- Judicature Act Cap 16 s.40(7)
- Judicature (Judicial Review) Rules, 2009 r.5(1)
- Public Enterprise Reform & Divesture Statute 1993
Cases cited (3)
- Uganda Revenue Authority v Uganda Consolidated Properties Ltd (1997-2001) UCL 149
- Uganda Railways Corporation v Ekwaru D.O. & 5104 Others (Supreme Court Civil Appeal No. 7 of 2019)
- Bwambale v Bundibugyo District Local Government [2025] UGHC 577
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.