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History of this document
23 September 2022 amendment not yet applied
24 June 2022 this version
28 March 2022
Assented to
Cited documents 0
Documents citing this one 10
Judgment
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Leave to seek judicial review granted where arguable fair‑hearing and administrative law issues require full hearing.
Judicial review — Leave to apply — Prima facie/arguable case required — Fair hearing/natural justice alleged breaches (investigation report, impartial tribunal, adequate notice, opportunity to mitigate, access to minutes) — Good faith and leave-stage limitation.
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Judicial review dismissed: institutional regulations invalid, new ultra vires ground not raised on appeal, prima facie misconduct established.
* Judicial review – certiorari and mandamus – challenge to presidential termination of employment – limits where new grounds not raised on appeal.
* Administrative law – ultra vires – whether disciplinary authorities exceeded powers – requirement to raise ground on appeal.
* Public service procedure – validity of internal regulations/guidelines – requirement for ministerial approval/publication.
* Procedural fairness – timing of interdiction/charging and consideration of evidence (CAG report) on appeal.
* Evidence – prima facie misconduct and financial loss as basis for disciplinary sanction.
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Court upholds presidential removal and appellate powers in public service and enforces mandatory exhaustion of internal remedies; petition dismissed.
Constitutional law — public service — presidential power to remove public servants in the public interest — procedural safeguards in Standing Orders and Regulations; final presidential appellate authority in public service disciplinary appeals; mandatory exhaustion of internal public service remedies before invoking labour law remedies; jurisdiction of High Court (Main Registry) to entertain judicial review of public service disciplinary decisions.
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Applicant appointed HPMU in 2010 entitled to back pay equivalent to Heads of Department despite scheme omission.
Labour law – appointment and retrospective entitlement – validity of appointment to post not yet in scheme of service; public procurement law – PMU establishment and PSPTB advisory equating HPMU remuneration to Heads of Department; proof of entitlement and computation of salary arrears; review of CMA award for misapprehension of evidence.
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Leave for judicial review denied because absence of essential inquiry records prevented a prima facie case.
* Judicial review – leave to apply for prerogative orders – requirements: arguable case, timeliness, sufficient interest, absence of alternative remedy.
* Procedural requirement – Judicial Review (Procedure and Fees) Rules r.11 – duty to annex documents relied upon.
* Leave stage – prima facie assessment; court may refuse leave where essential inquiry records are missing.
* Administrative law – alleged denial of hearing and bias – assessment dependent on inquiry record.
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Manifest illegality (denial of right to be heard) can justify extension of time to seek judicial review despite filing delays.
Administrative law – extension of time – illegality as sufficient cause – denial of right to be heard in disciplinary inquiry – e‑filing/technical delay issues – Lyamuya principles; jurisdiction and limitation concerns.
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Court dismissed judicial review: preliminary investigation and fair hearing found; gross negligence proved; reinstatement refused.
Administrative law – judicial review of disciplinary dismissal; public service disciplinary procedure – Regulation 36 GN 168/2003 and Code GN 53/2007; requirements for preliminary investigation and fair hearing; duties and gross negligence of supervisory ICT officer; adequacy of reasons by appellate bodies; certiorari and mandamus remedies.
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Dismissal for alleged forged certificate quashed for denial of investigation report and unfair disciplinary hearing; reinstatement ordered.
Administrative law; judicial review – procedural impropriety and natural justice – requirement to supply investigation report to accused employee; employer’s onus to prove compliance; bias and procedural defects in disciplinary proceedings; prerogative relief – certiorari and mandamus; reinstatement for unlawful dismissal.
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Court granted extension of time to file for leave, finding delay excusable though alleged illegality was not apparent on the record.
Judicial review — extension of time under s.14 Limitation Act and Rule 17 GN 324/2014; Lyamuya criteria applied (account for delay, inordinate delay, diligence, apparent illegality); service of charge sheet — Regulation 57(2)–(3) (service at last known address); illegality must be apparent on the face of the record to found automatic extension.
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