Court validates Kasigwa's appointment as UNBS boss
Fortunate Benda Muyambi had challenged the trade ministry’s decision to appoint Kasigwa as executive director without the recommendation of the National Standards Council, citing it as irrational, procedurally improper, and nullity.
The High Court has upheld the appointment of James Nkamwesiga Kasigwa as the Uganda National Bureau of Standards (UNBS) executive director. (Courtesy photo)
Michael Odeng
Journalist @New Vision
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The High Court has upheld the appointment of James Nkamwesiga Kasigwa as the Uganda National Bureau of Standards (UNBS) executive director.
Fortunate Benda Muyambi had challenged the trade ministry’s decision to appoint Kasigwa as executive director without the recommendation of the National Standards Council, citing it as irrational, procedurally improper, and nullity.
Muyambi also argued that Kasigwa was not among the top two candidates recommended by the National Standards Council. He had filed the suit against the Attorney General, UNBS, the trade ministry, and Kasigwa.
However, Justice Musa Ssekaana (now a Court of Appeal judge) dismissed Muyambi's application with no order as to costs.
In his ruling, dated February 17, 2024, Ssekaana stated that the Minister of Trade, Industry, and Cooperatives, Francis Mwebesa, was exercising incidental powers to address challenges created by the Council and lapses in the recruitment process.
The judge noted that these lapses were mere irregularities that should not render Kasigwa’s appointment invalid.
He further pointed out that the Council failed in its statutory duty by ignoring relevant considerations, leaving the minister with no option but to select from the interviewed candidates.
According to the judge, the trade minister rejected the National Standards Council’s recommendations, citing solid reasons grounded in sound judgment.
Ssekaana observed that the minister thoroughly analysed the Council’s report, exercising due diligence on the recruitment process, candidates’ profiles, and job requirements.
He said that after review, the minister found the recommended candidates lacked minimum job requirements, leading him to appoint the executive director in accordance with the Uganda National Bureau of Standards Act.
The court heard that the candidates did not hold an honours degree in a relevant science field, a master’s degree in a relevant field, or membership in a recognised professional body. The candidates also lacked 15 years of senior leadership experience.