Court petitioned over AG office

Sep 22, 2016

The petitioner is seeking a to annul the appointment of the Commissioner Civil Litigation

The query over the purported irregular appointment of the Commissioner Civil Litigation in the office of the Attorney General, has been lodged in the civil division of the High Court in Kampala.

On September 13, Patricia Mutesi, a Principal State Attorney(PSA) in the Justice and Constitutional ministry, filed an application for judicial  review, querying the appointment of Martin Mwambutsya, a Senior State Attorney(SSA), saying it was unfair

"As his senior in rank in the ministry, I am aware that Martin Mwambutsya was appointed to the rank of Senior State Attorney around August 2015 and lacks the necessary minimum three years experience at that rank to qualify for a promotion to a Principal State Attorney," Mutesi asserts.

Through Ligomarc Advocates, Mutesi alleges that Mwambutsya did not apply for the position. She wants court to revoke the appointment, on the premise of a procedural flaw.

Mutesi has sworn an affidavit in support of her application. She asserts that last year on September 21, she received an internal circular from the ministry's Assistant Commissioner Human Resources Management, advertising a vacant position.

Mutesi stated that the criteria for qualification was service in the immediate position for a minimum of three years. She says she was qualified, having served for five years as PSA.

Mutesi asserts that she subsequently submitted her application last year on October 2. She explains that in December, she inquired from a one Francis Emitu about the progress of the recruitment process, and was told that two other colleagues at the same rank Ben Turyasingura and Henry Oluka had applied for the position.

Mutesi laments that at the time of petitioning court, PSC had never called for interviews.

She says in December, the rumour mill, swept the office that Mwambutsya had been appointed to the position. Mutesi states that when she inquired from the HRM department, she was told that Mwambutsya had never applied, nor had the Solicitor General recommended his appointment to the PSC.

Mutesi says in March this year, during hearing of the Presidential election petition, she was surprised when Mwambutsya was introduced as 'Commissioner Civil Litigation'.

She further asserts that together with Oluka, on June 1, they wrote to the Solicitor General Francis Atoke, requesting him to direct the Assistant Commissioner HRM to clarify in writing on the status of the position.

Mutesi says they also requested Atoke to brief them on their status.

"Consequently, on June 13, 2016, I received a copy of a minute from Mr Jagenu, the AC/HRM, in which he informed staff that on May 18, 2016, the ministry had received a copy of a letter from the President of Uganda, addressed to  the chairman Public Service Commission advising the Commission to regularise the appointment of Martin Mwambutsya as  Commissioner Civil Litigation,"  Mutesi states.

She notes that on June 20, Oluka informed her that he had received a copy of a minute dated June 17, 2016, authored by Atoke, assigning Mwambutsya duty to take immediate effect, as instructed by the President.

"As a public servant, I am aware that appointments including appointments on promotions in the public service  are made by directives from designated appointing Authorities in accordance with the Public Service Standing Orders," Mutesi asserts.

Adding: "I am aware that the Appointing Authority for the rank of Commissioner and other superior positions is His Excellency the President who is required to issue an instrument appointing the public officer upon the advice of the Public Service Commission."

Mutesi further explains that the proper proper procedure is that the PSC as custodian of such instruments, is mandated to notify the relevant officials through the Permanent Secretary of the Public Service ministry.


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