The High Court gas ruled that Eng. James Nkamwesiga Kasigwa is the legitimate Uganda National Bureau of Standards (UNBS) Executive Director, beating Muyambi Fortunate Benda, who filed a civil suit against his appointment.
Muyambi filed an application for a judicial review before Justice Musa Ssekaana, Muyambi with the defendants – the Attorney General Kiryowa Kiwanuka, UNBS, the Minister of Trade, Industry and Co-operatives Francis Mwebesa and Eng. James Nkamwesiga Kasigwa for alleged illegal appointment by the Minister
Muyambi argued in his application that the Minister`s decision to appoint Nkamwesiga, in total disregard of the National Standards Council (NSC) was irrational, procedurally improper and a nullity.
Muyambi also wanted court to declare that in appointing Nkamwesiga against NSC recommendation, Mwebesa did not only abuse the legal process, but also contravened provisions of the Uganda National Bureau of Standards Act 2013. He prayed for a permanent Injunction restraining Nkamwesiga from continuing to occupy and acting in the office of the Executive Director at UNBS.
He further sought a court order for Nkamwesiga to immediately vacate and cease acting in the office of the Executive Director at UNBS, and for the latter to stop recognizing him as ED, as well as directing the Minister to proceed and pick one from the two candidates recommended by the National Bureau of Standards Council!
Muyambi was represented by Counsel Innocent Wanabungo and the Attorney General Kiryowa Kiwanuka was represented by Masaba Peter, the Principal State Attorney. UNBS had Counsel Patience Akampurira and Nkamwesiga was represented by lawyer Ebert Byenkya.
Wanabungo argued the application discloses three grounds for Judicial Review, which include illegality, irrationality, and procedural impropriety. He argued that the Minister acted illegally by appointing Nkamwesiga without a cause of action. “A cause of action must arise from the act or actions committed by the defendant and in this case the State. The Minister acted illegally by appointing the 4th Respondent without the recommendation of the Board, as required by the UNBS Act.”
“The decision of the Minister was irrational as it was grossly unreasonable, arrived at through illogical reasoning and disregarded relevant considerations. The Board recommended another candidate. The Applicant performed well. The Minister acted with procedural impropriety as the totality of the affidavit evidence adduced by the applicant proves irrationality,” Wanabungo told court.
But Counsel Peter Masaaba simply watered Wanabungo`s arguments down, saying that courts should not interfere with the decisions taken by the legislature or the executive, if they are within the constitutional and legal powers.
Justice Ssekaana, noted that the Minister exercised powers conferred upon his office to appoint the 4th respondent, which decision was being challenged for illegality on the basis that he appointed a person who was not recommended by the Council. “The Minister exercised powers conferred under the Uganda National Bureau of Standards Act which empower him to appoint persons in accordance with the law,” he analyzed.
He added thus; “The Minister’s power exercisable on recommendation of the Council and the power of the council in making recommendation to the Minister is equally subjected to the law and principles of fairness and compliance with the law. This complementarity in ensuring good governance ensures symbiotic relationship between the Minister and National Bureau of Standards Council.”
The Ruling
After quoting several authorities, among others, the case of Richard Byarugaba vs AG, Hon Betty Amongi and Patrick Ayota HCMC No 173 of 2024, and that of Osinde Osudo vs Attorney General and Civil Aviation Authority in HCMC No. 271 of 2021. Justice Ssekaana proceeded to give his ruling.
He ruled that the Minister had availed court with reasons grounded on sound and solid motives why he rejected the NSC recommendations for the said appointment. “The exercise of power by the Uganda National Bureau of Standards Council in recommending the appointments was equally subject to the general powers conferred under the Act. They should not act arbitrarily or illegally simply because they preferred one candidate over the other.”
He added, that the selection and subsequently the recommendation of the person to be appointed must be justified premised on qualifications as stipulated by law. Court heard that the minister subjected the report of the NBS Council to thorough analysis and due diligence on the recruitment process, candidates’ profiles and alignment to the job requirements.
Ssekaana said that the minister was exercising incidental powers to address a challenge which had been created by the Council and lapses in the recruitment process were mere irregularities which should not render his decision invalid. “The court will not lightly presume abuse or misuse of power and will make allowance for the fact that the decision-making authority is the best judge of the situation… the 4th respondent was duly appointed by the 3rdrespondent. This application fails and dismissed with no order as to costs. I so Order.”
This ruling now makes Eng James Nkamwesiga Kasigwa the ED replacing Dr David Livingstone Ebiru who had served in the position from May 2021 to July 2023. Kasigwa is an Electrical Engineer who, before joining UNBS, worked with several oraganisations in Uganda and abroad .
