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Namuddu Juliet Nambi v Attorney General and Others (Miscellaneous Cause 151 of 2023)

High Court · [2026] UGHCCD 31 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review challenging termination of employment
Decision
Application dismissed; applicant's termination stands

Observed later treatment

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Holding

The High Court dismissed the judicial review application challenging the applicant's termination as Director of Education and Social Services at KCCA. The court held that the President, as the appointing authority under Article 172(1)(a) of the Constitution, terminated the applicant's contract directly without any advice from the Education Service Commission. Since there was no advice to challenge and none of the respondents violated the applicant's rights, the application failed to establish a cause of action.

Outcome

Application dismissed; applicant's termination stands

Facts

The applicant was appointed Director of Education and Social Services at KCCA by the President on 22 November 2022 for a three-year term. On 25 March 2023, four months into her contract, the President wrote to the Education Service Commission terminating her appointment, stating she was one of the former KCCA directors he had advised should not be reappointed due to complaints received. The Permanent Secretary, Ministry of Public Service, notified the applicant of the termination on 28 April 2023. The applicant challenged the termination by judicial review, alleging it was based on unlawful advice from the Education Service Commission and violated natural justice. The respondents denied that the Education Service Commission advised the President to terminate the applicant, asserting the President acted independently as the appointing authority under Article 172(1)(a) of the Constitution.

Issues

  1. Whether the 2nd respondent's advice to the President to terminate the applicant contravened the Constitution of the Republic of Uganda and rules of natural justice.
  2. Whether the applicant is entitled to the remedies sought.

Orders

  • Preliminary objection upheld.
  • Application dismissed against all respondents.
  • No order as to costs.

Rules and key headnotes

Presidential Appointment Powers — Article 172(1)(a) — Termination by Appointing Authority
Under Article 172(1)(a) of the Constitution, the President may appoint persons to hold office in the public service at the rank of head of department or above, acting in accordance with the advice of the relevant service commission. The power to appoint carries with it the power to terminate, and only the person or body that appoints can disappoint.
Judicial Review — Absence of Impugned Decision — No Advice to Challenge
A judicial review application challenging advice from a service commission to the President must fail where the evidence establishes that no such advice was given and the President acted independently. The absence of the impugned decision is fatal to the application.
Cause of Action — Violation of Rights — Liability of Respondents
To establish a cause of action in judicial review, the applicant must show that they enjoyed a right, that the right was violated, and that the respondent is liable for the violation. Where respondents merely communicated a decision made by another authority and played no role in the impugned decision, no cause of action lies against them.
Interpretation Act s.24 — Power to Appoint Includes Power to Remove
Section 24 of the Interpretation Act provides that where an Act confers a power to make an appointment, the authority having that power also has the power to remove, suspend, reappoint, or reinstate any person appointed in the exercise of that power, subject to any limitations or qualifications affecting the power of appointment.

Legislation cited (30)

Cases cited (1)

  • Tororo Cement Co Ltd v Frokina International Ltd (Civil Appeal No. 2 of 2001)

Full judgment

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

Namuddu Juliet Nambi v Attorney General and Others (Miscellaneous Cause 151 of 2023) [2026] UGHCCD 31 (29 January 2026)
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.