Wakilii

Lubanga Jamada v Attorney General and Another (Miscellaneous Cause 37 of 2024)

High Court · [2025] UGHCCD 113 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of fundamental rights under Article 50 of the Constitution seeking declarations, reinstatement, salary arrears, and damages following deletion from government payroll
Decision
Application granted with orders for payment of salary arrears, general damages, interest, and costs. Health Service Commission directed to formally terminate the Applicant and advise on pension entitlement.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the applicant's deletion from the payroll without following the mandatory procedural requirements under the Public Service Standing Orders violated his right to a fair hearing under Article 44 of the Constitution. The respondents failed to formally notify the applicant, afford him an opportunity to explain his absence, or obtain formal directive from the appointing authority before deletion. The court awarded salary arrears from August 2007 to July 2025 totaling UGX 86,825,500, general damages of UGX 30,000,000, and interest at 8% per annum. The court rejected the respondents' preliminary objections on competence and limitation, finding that the right to fair hearing under Article 44 is non-derogable and not subject to the 10-year limitation period.

Outcome

Application granted with orders for payment of salary arrears, general damages, interest, and costs. Health Service Commission directed to formally terminate the Applicant and advise on pension entitlement.

Facts

The applicant was employed by Mulago National Referral Hospital as an Electrician from 1 July 1995 and re-designated as Artisan Mate Electrician in 2003. In August 2007, he was adjudged mentally ill by the then Executive Director Dr. Ddumba Edward, arrested, detained at Wandegeya Police Station, taken to Kigo and Luzira prisons, and later to Butabika Hospital. He was subsequently deleted from the payroll and his personal record file was deleted. The hospital never formally terminated his services. Despite various demands through government offices, trade unions, and parliament, including written commitments from the Minister of Public Service in 2022 and the Minister of Health, the applicant was not paid his salary arrears or retirement benefits. Multiple letters from 2007 to 2023 between government ministries, the Solicitor General, and the hospital management showed acknowledgment of the issue but no resolution. The Permanent Secretary Ministry of Health had written in October 2007 advising that the applicant should be maintained on the payroll pending a decision on his case, but this was not followed.

Issues

  1. Whether the Applicant was lawfully deleted from the payroll.
  2. Whether the refusal by the 2nd Respondent to stop paying the Applicant his salary arrears and retirement benefits was justified.
  3. What remedies are available to the Applicant.

Orders

  • Payment to the Applicant of salary arrears from August 2007 to July 2025 calculated at UGX 61,819,756 (August 2007 to June 2022 at UGX 347,302 per month for 178 months) plus UGX 25,005,744 (July 2022 to July 2025 at UGX 694,604 per month for 36 months), totaling UGX 86,825,500.
  • Interest on the salary arrears at 8% per annum from date of ruling to payment in full.
  • General damages of UGX 30,000,000.
  • The Health Service Commission to work with Mulago National Referral Hospital to immediately formally terminate the Applicant from the Public Service in writing for abscondment.
  • The Health Service Commission to advise the Applicant on his entitlement if any to gratuity or pension.
  • Costs awarded to the Applicant.

Rules and key headnotes

Employment & Labour — Termination of Employment — Abandonment of Duty — Procedural Requirements
Where a public officer is alleged to have abandoned duty, the responsible officer must notify the officer in writing within fourteen days, call upon the officer to explain the absence within fourteen days, and if the officer fails to show cause, stop payment of salary and report to the appointing authority in a detailed memorandum with recommendations for formal directive of removal from public service. Failure to follow this mandatory procedure renders the deletion from payroll unlawful.
Constitutional Law — Fundamental Rights — Right to Fair Hearing — Non-Derogable Rights
The right to a fair hearing under Article 44 of the Constitution is a non-derogable right that cannot be taken away or suspended under any circumstances. Where a public officer is deleted from the payroll without being afforded an opportunity to be heard, this constitutes a violation of the right to fair hearing regardless of whether the officer may have abandoned duty.
Administrative Law — Limitation — Human Rights Violations — Article 44 Rights
Section 19 of the Human Rights Enforcement Act which provides for a ten-year limitation period for enforcement of human rights and freedoms does not apply to rights protected under Article 44 of the Constitution. Actions for enforcement of non-derogable rights including the right to fair hearing are not subject to the ten-year limitation period.
Constitutional Law — Enforcement of Rights — Competence of Application — Employment Disputes
An application for enforcement of fundamental rights is competent where the applicant demonstrates violation of constitutional rights even where the underlying dispute arises from an employment relationship. Where a public officer alleges violation of the right to equality and freedom from discrimination under Article 21 and the right to practice a profession under Article 40(2) in the context of deletion from payroll, the matter properly falls within the jurisdiction of the court under Article 50 of the Constitution.
Employment & Labour — Salary Arrears — Entitlement — Procedural Irregularity
Where a public officer is unlawfully deleted from the payroll without following mandatory procedural requirements, the officer is entitled to salary arrears for the entire period of unlawful deletion notwithstanding that the officer may not have rendered services during that period. The employer's failure to follow proper termination procedures creates liability for salary arrears.
Administrative Law — Government Undertakings — Binding Effect — Estoppel
Written undertakings and commitments to pay made by senior government officials including Ministers and Permanent Secretaries in their official capacity create lawful rights that can be successfully pursued by the beneficiary. Where multiple high-level government officials make commitments to resolve an employee's claim without establishing the underlying facts, such undertakings bind the government and create liability.
Damages & Quantum — General Damages — Assessment — Employment Disputes
In assessing general damages for unlawful deletion from payroll, the court should be guided by the value of the subject matter, the economic inconvenience suffered, and the nature and extent of injury. Where an applicant demonstrates violation of procedural rights but delays unconscionably in pursuing remedies and fails to demonstrate convincing financial impact beyond mental torture and inconvenience, the court may award general damages at a reduced amount from the claim.

Legislation cited (27)

Cases cited (7)

  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Omunuk Joseph v Attorney General (High Court Civil Suit No. 108 of 2011)
  • Byanju Joseph v Board of Governors St. Augustine College Wakiso (Labour Dispute No. 062 of 2016)
  • Akello Beatrice Ociti v Attorney General (Civil Suit No. 19 of 2011)
  • Bank of Uganda v Betty Tinkamanyire (Supreme Court Civil Appeal No. 12 of 2007)
  • Kampala District Land Board & George Mitala v Venansio Babweyana (Civil Appeal No. 2 of 2007)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305

Full judgment

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

Lubanga Jamada v Attorney General and Another (Miscellaneous Cause 37 of 2024) [2025] UGHCCD 113 (28 July 2025)
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.