Wakilii

Kyaka and Anor v Attorney General (Labour Dispute Reference No. 128 of 2016)

Industrial Court · [2021] UGIC 37 · 2021 Claim Dismissed — No Jurisdiction AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Labour dispute reference arising from dismissal from Internal Security Organization, with preliminary objection raised as to jurisdiction
Decision
Claim dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Industrial Court lacks jurisdiction to hear labour disputes involving persons who remain members of the Uganda Peoples Defense Forces even when deployed as operatives in the Internal Security Organization. The Employment Act expressly excludes members of the UPDF from its application, and the Industrial Court's jurisdiction extends only to employment relationships governed by the Employment Act.

Outcome

Claim dismissed for lack of jurisdiction

Facts

In July 1996, the claimants were issued appointment letters as officers of the Internal Security Organization, with employment effective after training. Kyaka Fred was appointed as operative officer and deployed to Busia as Deputy District Internal Security Officer. Koma Lee Noel was appointed as an employee and deployed to Moroto as Senior Operative Officer. Both were later dismissed following allegations of misconduct. A letter from the Minister of Security dated 22 January 2013 referred to the claimants by UPDF rank and army numbers: RA184394 Pte Kyaka Fred and RA164032 Pte Koma Lee Noel. The claimants filed a labour dispute reference claiming unfair dismissal without a fair hearing as required by the Employment Act. The respondent raised a preliminary objection that the Industrial Court lacked jurisdiction because the claimants were members of the Uganda Peoples Defense Forces.

Issues

  1. Whether the Industrial Court has jurisdiction to adjudicate a labour dispute involving persons who are members of the Uganda Peoples Defense Forces while serving as operatives in the Internal Security Organization.

Orders

  • Preliminary objection upheld.
  • Claim dismissed for being filed in a court without jurisdiction.
  • No order as to costs.

Rules and key headnotes

Employment & Labour — Jurisdiction of Industrial Court — Exclusion of UPDF Members
The Industrial Court lacks jurisdiction to adjudicate labour disputes involving members of the Uganda Peoples Defense Forces, as the Employment Act expressly excludes UPDF members from its application under sections 2 and 3, and the Industrial Court's jurisdiction under section 8 of the Labour Disputes (Arbitration and Settlement) Act 2006 extends only to employment relationships governed by the Employment Act.
Employment & Labour — UPDF Members — Attachment or Secondment to Other Organizations
A person who is attached or seconded as an officer to the Defense Forces within the meaning of section 3(b) of the Uganda Peoples Defense Forces Act 2005 remains a member of the UPDF even when deployed as an operative in the Internal Security Organization, and is therefore excluded from the application of the Employment Act.
Administrative Law — Jurisdiction — Statutory Creation and Limits
The jurisdiction of courts is a creation of statute and a court cannot exercise jurisdiction not conferred upon it by law. Whatever a court purports to do without jurisdiction is a nullity ab initio.

Legislation cited (6)

Cases cited (1)

  • Uganda Telecom Limited v Adratere Oreste (Miscellaneous Application No. 002 of 2015)

Full judgment

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

Kyaka_and_Anor_v_Attorney_General_(Labour_Dispute_Reference_No._128_of_2016)_[2021]_UGIC_37_(31_March_2021)
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.