Wakilii

Okello & Anor v Parliamentary Commission (Civil Suit No. 218 of 2014)

High Court · [2016] UGHCCD 25 · 2016 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for declaration and payment of emoluments
Decision
Suit dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Members of Parliament are not public officers under the Constitution. The 8th Parliament term ran from 19 May 2006 to 18 May 2011, comprising sixty months. MPs who received full payment for sixty months plus a pro-rata payment for 18 days in May 2011 were fully paid for their entire constitutional term and not entitled to a full month's salary for May 2011.

Outcome

Suit dismissed

Facts

The plaintiffs were elected Members of Parliament in the 8th Parliament, which commenced on 19 May 2006 and ended on 18 May 2011. They received full salary for May 2006 and monthly payments through April 2011. For May 2011, they received pro-rata payment for 18 days (calculated as 18/31 of a month's pay). The plaintiffs claimed they were entitled to full pay for May 2011, arguing they should be paid as public servants who receive full monthly salary regardless of days worked. The defendant contended that the 60-month constitutional term had been fully paid and that full May 2011 payment would constitute double payment, as the 9th Parliament commenced on 19 May 2011.

Issues

  1. Whether the plaintiffs received their full salaries and emoluments for their entire term.
  2. Whether the plaintiffs are entitled to the relief sought.

Orders

  • Suit dismissed with costs to the defendant.

Rules and key headnotes

Constitutional Law — Parliament — Definition of Public Office — Members of Parliament Not Public Officers
Members of Parliament are not public officers in public service and are expressly excluded from the definition of public office under Article 257(2)(b) of the Constitution, which provides that a reference to an office in the public service does not include the office of a Member of Parliament.
Employment & Labour — Parliamentary Emoluments — Pro-Rata Payment — Distinguished from Public Service Employment Practices
Employment practices applicable to public servants, including the principle of full monthly salary regardless of days worked, do not apply to Members of Parliament, who may be paid on a pro-rata basis for partial months worked within their constitutional term.
Constitutional Law — Parliament — Term of Parliament — Calculation of Sixty Months
A parliamentary term of five years under Article 77(3) of the Constitution amounts to sixty months and is calculated from the commencement date to the date of dissolution, and payment for the full sixty months satisfies the constitutional entitlement regardless of the distribution of payments across calendar months.
Constitutional Law — Parliament — Emoluments — Prevention of Double Payment
Where one parliamentary term ends mid-month and the next commences the following day, pro-rata payment to outgoing MPs is justified to prevent double payment and avoid unjust enrichment at the expense of taxpayers.

Legislation cited (6)

Full judgment

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

Okello & Anor v Parliamentary Commission (Civil Suit No. 218 of 2014) [2016] UGHCCD 25 (5 April 2016)
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.