Wakilii

Mukesi v Pallisa District Service Commission & Anor (HCT-04-CV- MC- 0015 OF 2015)

High Court · [2017] UGHCCD 82 · 2017 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of mandamus to compel confirmation of appointment on promotion
Decision
Application for orders of mandamus dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that mandamus will not issue to compel a public authority to perform an act it has no legal power to perform. Where Ministry of Public Service clearance is required before recruitment to a post in a District Local Government, and such clearance has not been granted, a District Service Commission cannot be compelled to confirm or recruit an applicant to that post. The court cannot enforce an illegality or compel performance of a duty with budgetary implications where funds are not available. Application dismissed.

Outcome

Application for orders of mandamus dismissed with costs to the respondents

Facts

On 28 January 1997 the applicant was appointed on probation as a District Economist. On 11 July 2000 he was appointed acting District Planner but was never confirmed in that position despite several demands. The applicant sought orders of mandamus to compel the respondents to confirm his appointment on promotion as District Planner on salary scale U2. The respondents argued that the post of District Planner was vacant and required clearance and approval from the Ministry of Public Service before recruitment, as required by Establishment Notice No. 2 of 2014. The respondents showed that when clearance was sought, it was not approved. The post had been submitted for recruitment but was not cleared, with clearance limited to availability of funds.

Issues

  1. Whether the applicant had a legal right to compel the respondents to confirm his appointment on promotion as District Planner.
  2. Whether mandamus could issue to compel the respondents to recruit the applicant to a position not cleared by the Ministry of Public Service.
  3. Whether the court could compel the respondents to perform an act with budgetary implications where funds were allegedly not available.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Judicial Review — Mandamus — Preconditions for grant
To maintain an application for mandamus, the applicant must satisfy the court that he has a legal right to compel the public authority to perform the duty in question. In the absence of any such right, mandamus cannot be granted.
Administrative Law — Public Service — Recruitment clearance requirements
Where Establishment Notice requires that before recruitment of an officer in a District Local Government there must be confirmation of availability of wage, clearance, and approval from the Ministry of Public Service, a District Service Commission has no power to recruit or confirm an appointment without such clearance.
Judicial Review — Mandamus — Illegality
Mandamus will not issue to compel a public authority to perform an illegal act. Where a recruitment would violate mandatory clearance requirements, the court cannot compel the authority to proceed with that recruitment.
Administrative Law — Public Service — Budgetary constraints
The court cannot compel respondents to engage in a recruitment exercise which has budgetary implications where funds are allegedly not available.

Legislation cited (12)

Cases cited (9)

  • John Jet Tumwebaze v Makerere University Council and 3 Others (Civil Appeal No. 353 of 2015)
  • R v Electricity Commissioners [1924] 1 KB 171
  • Adam Mustafa Mubiru and Another v Law Development Center (Miscellaneous Application No. 279 of 2013)
  • Ostraco Ltd v Attorney General (HCCS No. 1380 of 1986)
  • Makula International V. Cardinal Nsubuga
  • R V Minister of Local Government & Anor exparte Mwalima( 2002) 2 KLR 559
  • Jothan Malati Welamondi V Chairman Electoral Commission of Kenya ( 2002) 1 KLR 486
  • Churchhill Meshack and others V Egerton University MSC. APP 929 of 1996 (unreported)
  • John Jet Tumwebaze v Makerere University Council and Others (Civil Appeal No. 353 of 2013)

Full judgment

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

Mukesi v Pallisa District Service Commission & Anor (HCT-04-CV- MC- 0015 OF 2015) [2017] UGHCCD 82 (7 April 2017)
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.