Wakilii

Kiondo v Mukono District Local Government & Another (Miscellaneous Cause 48 of 2023)

High Court · [2024] UGHC 231 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging the rejection of the applicant's election as representative of urban councils to the District Service Commission
Decision
Application allowed; applicant confirmed as duly appointed member representing urban councils to the Mukono District Service Commission

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted judicial review, finding that the District Chairperson acted illegally, irrationally, and with procedural impropriety by rejecting the applicant's election as representative of urban councils to the District Service Commission without affording her a fair hearing and nominating a replacement without following due process. Orders of certiorari and mandamus were issued to quash the rejection and confirm the applicant's appointment.

Outcome

Application allowed; applicant confirmed as duly appointed member representing urban councils to the Mukono District Service Commission

Facts

On 10 March 2022, an electoral college comprising executive authorities of urban councils in Mukono District elected Stella Margaret Kiondo unopposed as their representative to the Mukono District Service Commission. The returning officer forwarded her name to the Chief Administrative Officer for onward submission to the District Council. However, on 16 March 2022, the District Chairperson (2nd Respondent) wrote rejecting the applicant's election, citing unsubstantiated verbal complaints about her integrity, and directed that fresh elections be held. The District Chairperson subsequently nominated Sarah Katumba for the position. Urban council leaders rejected the directive to repeat the election. The applicant was never given a hearing regarding the integrity allegations. In June 2023, a District Council meeting chaired by the Speaker rescinded Katumba's appointment and re-affirmed the applicant's election, but the matter remained unresolved.

Issues

  1. Whether the application discloses any ground for judicial review.
  2. What remedies are available to the parties.

Orders

  • An order of certiorari is hereby issued quashing the Respondents' decision of rejecting and/or nullifying the election of the Applicant as the lawfully elected representative of urban councils to the MDSC.
  • An order of mandamus to the Respondents to confirm and forward the Applicant to the public service commission as the duly appointed member representing urban Councils to the MDSC.
  • Costs of this cause are to be met by the Respondents.

Rules and key headnotes

Grounds for Judicial Review — Illegality — Acting Ultra Vires
A public authority acts illegally when it makes a decision without the legal power to do so, ultra vires its statutory authority, or contrary to the provisions of law. Where a district chairperson nullifies an election and nominates a replacement without statutory authority to do so, such action is ultra vires and impeachable by judicial review.
Natural Justice — Right to Fair Hearing — Procedural Impropriety
Procedural impropriety occurs where a decision-making body fails to observe the rules of natural justice. Natural justice requires that a person accused should know the nature of the accusation, be given an opportunity to state their case, and the tribunal should act in good faith. An administrative decision rejecting an elected representative on integrity grounds without affording that person a hearing or producing evidence of the allegations constitutes procedural impropriety.
Grounds for Judicial Review — Irrationality — Wednesbury Unreasonableness
Under judicial review, irrationality refers to arriving at a decision so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied their mind to the question could have arrived at it. An administrative decision nullifying a lawful election and nominating a replacement without justification or grounds is irrational and offends the right to natural justice.
Certiorari — Legal Effect — Quashing Ultra Vires Decisions
Certiorari is the means of controlling unlawful exercises of power by setting aside decisions reached in excess or abuse of power. By quashing the decision, certiorari confirms that the decision is a nullity and is to be deprived of all effect. The legal effect is to make clear that statutory or other public law powers have been exercised unlawfully and to deprive the public body's act of any legal basis.
Mandamus — Conditions for Grant — Public Duty
Mandamus is a judicial remedy issued to compel performance by public officers of statutory duties imposed on them. For mandamus to issue, there must be a public duty of an imperative nature (not discretionary), the applicant must have demanded performance and been refused, the applicant must have locus standi, and there should be no other appropriate remedy available.
Damages in Judicial Review — Additional Cause of Action Required
In judicial review, there is no right to claim for losses caused by unlawful administrative action. Damages may only be awarded if the applicant, in addition to establishing a cause of action in judicial review, establishes a separate cause of action related to the judicial review matter which would have entitled them to an award of damages in a separate suit, such as breach of statutory duty, misfeasance in public office, or a private action in tort.

Legislation cited (15)

Cases cited (10)

  • Master Links Uganda Limited & Another v Attorney General (Miscellaneous Cause No. 167 of 2022)
  • Attorney General v Yustus Tinkasimiire & Others (Court of Appeal Civil Appeal No. 208 of 2013)
  • Kuluo Joseph Andrew & Others v Attorney General & Others (HC Miscellaneous Cause No. 106 of 2010)
  • ACP Bakaleke Siraji v Attorney General (High Court Miscellaneous Cause No. 212 of 2018)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 375
  • Dr. Lam-Lagoro James v Muni University (High Court Miscellaneous Cause No. 007 of 2016)
  • Byrne v Kinematograph Renters Society Ltd [1958] 1 WLR 762
  • John Mwombekibyombalirwa v Regional Commissioner and Regional Police Commander Bukoba [1986] TLR 73
  • Three Rivers District Council v Bank of England (No. 3) [2003] 2 AC 1
  • X (Minors) v Bedfordshire County Council [1995] 2 AC 633

Full judgment

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

Kiondo v Mukono District Local Government & Another (Miscellaneous Cause 48 of 2023) [2024] UGHC 231 (16 March 2024)
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.