Wakilii

Male H. Mabirizi K. Kiwanuka v Attorney General (Miscellaneous Cause No. 238 of 2019)

High Court · [2019] UGHCCD 309 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Judicial review application challenging presidential appointments of UPDF officers to Uganda Police Force and legality of Local Defence Unit
Decision
Application dismissed with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed a judicial review application challenging the President's appointment of four UPDF officers to senior positions in the Uganda Police Force and the establishment of the Local Defence Unit. The court held that the President lawfully exercised constitutional powers under Article 172(1)(a) to appoint the officers and assign them police ranks. The court further held that the Local Defence Unit constitutes a lawful reserve force under the UPDF Act sections 4 and 5, falling within the constitutional framework of Article 17(2) which mandates citizens to undergo military training for national defence.

Outcome

Application dismissed with costs

Facts

The applicant challenged the President's July 2019 appointment of four UPDF officers (Brigadiers Sam Bakasumba and Godfrey Golooba, Colonels Jese Kamunannwire and Sserunjogi Ddamulira) to senior positions in the Uganda Police Force with the rank of Assistant Inspector General of Police. The President formally appointed the officers on 12 August 2019. The Minister of Internal Affairs sought their release from the Chief of Defence Forces on 15 August 2019, and they were seconded to the police for three years effective 1 July 2019. The Permanent Secretary Ministry of Public Service issued appointment letters on 30 August 2019. The applicant also challenged the recruitment, training and deployment of the Local Defence Unit as an unlawful militia. The applicant argued these actions violated the Constitution and exceeded presidential powers.

Issues

  1. Whether the Respondent's affidavit in reply is properly before this Court?
  2. Whether the appointment of four officers of the Uganda Peoples' Defence Forces (UPDF) into Uganda Police Force is lawful?
  3. Whether the recruitment of Local Defence Unit (LDU) personnel is lawful?
  4. Whether the Applicant is entitled to any remedies?

Orders

  • Application dismissed.
  • Costs awarded to the Respondent against the Applicant.

Rules and key headnotes

Judicial Review — Time for Filing Defence — Government Proceedings
In civil proceedings against the Government, the respondent has thirty days (not fifteen days) to file a defence or affidavit in reply pursuant to Regulation 11 of the Civil Procedure (Government Proceedings) Rules SI 77-1, which modifies Order 8 Rule 1(2) of the Civil Procedure Rules.
Judicial Review — Extension of Time — Court's Discretion
Where a period is fixed by the court for the doing of any act, the court may in its discretion enlarge that period even after the originally fixed period has expired, particularly where the matter is of great public importance and the respondent had to seek instructions from various concerned persons. Section 96 of the Civil Procedure Act Cap 71 confers this discretion.
Presidential Powers — Appointment to Public Service
The President has constitutional power under Article 172(1)(a) of the Constitution to appoint persons to hold office in the public service of the rank of head of department or above, acting in accordance with the advice of the relevant service commission. This power is not fettered and extends to appointing UPDF officers to senior positions in the Uganda Police Force.
Delegation of Powers — Police Authority
The powers exercised by the Police Authority on appointment and promotions are delegated powers ceded from the President under section 13 of the Police Act Cap 303. The President may exercise these powers directly and is not obliged to delegate them or seek advice from the Police Authority before making appointments.
UPDF — Secondment of Officers — Legal Framework
Section 38(3) of the UPDF Act permits any officer or militant of the UPDF to be attached to a public or private institution. Such secondment, when effected in accordance with constitutional appointment procedures under Article 172, is lawful.
Armed Forces — Reserve Forces — Local Defence Units
The Local Defence Unit constitutes a lawful reserve force under the UPDF Act. Section 4 provides that the UPDF shall consist of a regular force and a reserve force. Section 5 defines sources of reserve forces to include auxiliary forces, state security organisations and citizens who have undergone military training under Article 17(2) of the Constitution. LDU personnel fall within this statutory framework.
Judicial Review — Burden of Proof — Rebutting Evidence
In judicial review proceedings, where the respondent adduces documentary evidence clarifying the procedure followed in a challenged administrative action, the applicant must adduce evidence to rebut that documentation. Reliance on legal authorities alone without evidence supporting the allegations is insufficient to discharge the burden of proof.

Legislation cited (32)

Cases cited (8)

  • Kaye v Attorney General (Constitutional Application No. 25 of 2012)
  • Akankwasa v Registrar of Titles (HCMC No. 33 of 2008)
  • Attorney General v. Tinkasiimire & 12 Ors at page 49
  • Barugahare v. The Board of Directors of Uganda Printing & Publishing Corporation & Anor at page 58
  • Karuhanga v Attorney General (Constitutional Petition No. 39 of 2013)
  • ACP Bakaleke Siraj v Attorney General (Miscellaneous Application No. 212 of 2018)
  • Amiran Enterprises Ltd v Uganda Revenue Authority (HCMA No. 06 of 2010)
  • THE PROSECUTOR V. PAULINE NYIRAMASUHUKO & ORS, International criminal tribunal for Rwanda case No. ICTR-98-42-A

Full judgment

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

Male H. Mabirizi K. Kiwanuka v Attorney General (Miscellaneous Cause No. 238 of 2019) [2019] UGHCCD 309 (20 December 2019)
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.