NDA & Donna Kusemererwa v Florence Nakachwa

This is a ruling arising out of an appeal from the decision of the High Court in Miscellaneous Cause No.186 of 2017 instituted by the Respondent against the Appellants seeking various orders in judicial review.

It was averred by the Respondent that the 2nd Appellant, having been appointed as the Executive Director could not then act as the Secretary of the 1st Appellant.

The Court held that the Respondent’s employment did have a statutory underpinning to warrant remedies of judicial review therefore since the 1st Appellant that was a statutory body did not comply with the law in hiring the 2nd Appellant; the matter was one of public law that was amenable to judicial review.

Regarding the issue of appointment of the 2nd Appellant, Court held that the 1st Appellant  could only recruit and place at the head of its Secretariat, a Secretary. The 1st Appellant therefore acted illegally in recruiting an Executive Director and then assigning her the duties of the Secretary to the Authority.

The appeal was dismissed with costs to the Respondent.

 

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