Mutesi v Attorney General (MISCELLANEOUS CAUSE NO. 241 OF 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed an application for judicial review challenging the appointment of Martin Mwambutsya as Commissioner for Civil Litigation. The court held that the application was moot and overtaken by events because the appointment had been regularized by the Public Service Commission after the suit was filed. A supplementary affidavit filed after close of pleadings without leave of court was held incompetent and not relied upon.
Outcome
Application dismissed as moot; the appointment challenged had already been regularized and implemented
Facts
The applicant, Patricia Mutesi, a Principal State Attorney, applied in October 2015 for promotion to Commissioner for Civil Litigation (Line Ministries) following an internal circular at the Ministry of Justice and Constitutional Affairs. In May 2016, she learned that Martin Mwambutsya, a Senior State Attorney who had not applied for the position, had been recommended by the President for appointment to the position. In June 2016, the Solicitor General assigned Mwambutsya duties of Commissioner pending regularization of his appointment. The applicant challenged the decision by way of judicial review in September 2016. By November 2016, the Public Service Commission had formally regularized Mwambutsya's appointment as Commissioner. The applicant contended that Mwambutsya did not meet the minimum three-year service requirement in his substantive position and that the appointment violated Public Service Standing Orders and her legitimate expectation to be interviewed for the position.
Issues
- Whether a supplementary affidavit filed after close of pleadings without leave of court should be relied upon.
- Whether the application had become moot and overtaken by events following the regularization of Martin Mwambutsya's appointment.
- Whether the court could grant judicial review orders in respect of a decision to appoint when the decision had already been implemented and the appointment regularized.
Orders
- Preliminary objections upheld.
- Application dismissed.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (9)
- Judicature Act (Cap 13) s.36
- Judicature Act (Judicial Review) Rules, 2009 (SI. No. 11 of 2009) rr.3, 4, 6, 7
- Constitution of Uganda Art.42
- Constitution of Uganda Art.172(1)(a)
- Civil Procedure Act (Cap 71) s.98
- Civil Procedure Rules O.6 r.19
- Evidence Act (Cap 6) ss.57, 101, 102, 103
- Public Service Act
- Public Service Standing Orders
Cases cited (8)
- Samuel Mayanja v Uganda Revenue Authority (HCT-0017-2015)
- Elias Waziri & 2 Others v Opportunity Bank (U) Ltd (HCT-00-CC-MA-599 of 2013)
- Mutembuli Yusuf v Nagwomu Moses Musamba & Electoral Commission (Court of Appeal Election Petition Appeal No. 43 of 2016)
- Walugembe Daniel v Attorney General (Miscellaneous Cause No. 231 of 2018)
- Jani Properties Ltd v Dar es Salaam City Council [1966] EA 281
- Struggle (U) Ltd v Pan African Insurance Company Ltd (1990) KAL 46
- Justice Okumu Wengi v Attorney General of Uganda (2007) 600 KaLR
- Human Rights Network for Journalists and Another v Uganda Communications Commission & Others (Miscellaneous Cause No. 219 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.