Museveni orders probe into former URBRA boss

KAMPALA - In a move to resolve the leadership row at the Uganda Retirement Benefits Regulatory Authority (URBRA), President Yoweri Museveni has ordered the head of Public Service, Lucy Nakyobe, to conduct an independent review of the performance of its chief executive officer, Martin Nsubuga. 

According to a source, Public Service is also required to investigate the financial management allegations levelled against Nsubuga by the members of the URBRA board. 

On May 8 last year, the URBRA board, headed by Julius Bigirwa Junjura, declined to recommend Nsubuga for re-appointment on grounds of a missing resolution of the board to the finance minister, Matia Kasaija, concerning his first appointment. 

The board also accused Nsubuga of financial mismanagement. Consequently, Nsubuga filed a judicial review application before the Civil Division of the High Court, seeking orders, among others, quashing the board’s May 8 decision where it declined to recommend him for reappointment contrary to section 17 of the URBRA Act. 

Nsubuga also argued that some members of the URBRA board lacked the academic credentials to serve on the board. 

In a ruling dated January 31, Justice Musa Ssekaana declared that Junjura, Ronnie David Mutebi, Ronah Ritah Ninsiima and Dr Mary Kanyiginya Tizikara are unfit to oversee the regulation of retirement benefits schemes as they lack requisite qualifications set out under Section 8 of the URBRA Act.

Finance minister Matia Kasaija

Consequently, Justice Ssekaana ordered Kasaija to appoint new members with requisite qualifications as set out under Section 8 of the URBRA Act to replace them. 

Justice Ssekaana also issued an order quashing the board members’ decision made on May 8 last year, declining to recommend Nsubuga. 

While the board members had based their decision on the missing resolution of the board to the minister for his earlier appointment for non-renewal of his contract, Justice Ssekaana said Nsubuga had a legitimate expectation to be heard by the board prior to the decision not to renew his contract. 

In regard to the absence of the recommendation of the board to the minister, the judge said it was a clear case of trying to find any irrational reason to deny Nsubuga an opportunity to have his contract renewed.

Martin Nsubuga

Refusal to recommend  

The judge said refusal to recommend Nsubuga was a clear breach of the legitimate expectation as enshrined in the human resource manual, noting that the board members ought to have followed the guidance given under the human resource manual to avoid exercising their discretionary powers arbitrarily, and without any justifiable reasons, which was illegal and irrational. 

Before his term expired, Justice Ssekaana had issued an interim order blocking his removal from office until the application was determined by the court. 

Dissatisfied with the High Court ruling, the URBRA board members and acting chief executive officer Ritah Nansasi, appealed against it. 

However, Justice Christopher Gashirabake on April 25 declined to stay the implementation of the High Court ruling on grounds that there was no legal basis to stay its orders. 

“I find no reason to interfere with the orders of the High Court at this stage. Accordingly, this application is dismissed. The parties shall bear their costs in this application,” Gashirabake ruled. 

Gashirabake said Kasaija ought to respect the advice of the Attorney General, Kiryowa Kiwanuka, to comply with the High Court directives in regard to the matter.

Attorney General Kiryowa Kiwanuka

Kasaija to Kiryowa 

On February 5, Kasaija requested Kiryowa to appeal against the High Court decision, arguing that he was dissatisfied with it. 

However, Kiryowa advised him to implement the ruling instead, saying it was legally sound.

About URBRA 

URBRA is an autonomous body established under Section 2 of the URBRA Act, responsible for regulating the establishment, management and operation of retirement benefits schemes in Uganda in both the private and public sectors. 

A lawyer in the case explained that the Court of Appeal ruling implies that Nansasi cannot serve as the URBRA acting chief executive officer, nor can Junjura continue to serve as the chairperson of the URBRA board. 

“I think the minister (Kasaija) should urgently appoint qualified members of the board to fill the vacuum as the issue of the CEO is progressively resolved,” the lawyer said.