The Ugandan government has been sued for keeping a top official in the Ministry of Water and Environment in office past his retirement age.
In a suit filed in the civil division of the High Court in Kampala through his lawyers of Tibaijuka and Co. Advocates, one Atuhaire B. says the continued re-employment of Eng. John Mary Vianne Twinomujuni as a commissioner for urban water supply and sewerage services is illegal.
The head of public service, Lucy Nakyobe , the Permanent Secretary in the Ministry of Water, Alfred Okidi and Twinomujuni himself have also been listed as respondents.
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Atuhaire says that Twinomujuni was born in July, 1965 and that he clocked the mandatory retirement age on July, 13, 2025 and therefore not eligible for employment in public service.
"Instead of vacating his erstwhile post upon clocking the mandatory retirement age, the first respondent has with the connivance of the 2nd, 3rd and 4th respondents resorted to engaging in manipulations intended to leave him in office, and is now being considered by the government of Uganda for reemployment on contract for three years," Atuhaire says in his affidavit.
He avers that it is government policy not to employ pensioners and that when it is necessary to do so a pensioner may be employed on contract terms where the post to be filled requires special skills and the only suitable candidate available for the post is the pensioner.
The petitioner mentions three engineers including Eng. Herbert Nuwamanya, who has nine years as an assistant commissioner; Eng. Richard Matua, with over eight years as an assistant commissioner; and Eng. Felix Twinomucunguzi Rutaro Baineki, who has over six years as an assistant commissioner and holds a PhD as other suitable officials to fill the position , adding that Twinomujuni has only been in the department for only four years, whereas the three named engineers had served for more than 20 years.
"There are other officers with similar qualifications to those held by the three engineers named hereinabove working in sister departments in the ministry and/or for the government of Uganda. He(Twinomujuni) has no special skills that the aforesaid three engineers and other engineers in the ministry do not possess and he is not the only suitable candidate available for the post of Commissioner."
"The anticipated contract being pursued is and/or would be illegal and unconstitutional, as the first respondent having clocked the mandatory retirement age does not qualify to be re-employed by government on contract, or otherwise."
Atuhaire says that Twinomujuni's "illegal and unconstitutional stay" in office is wrongly backed by the head of public service, Lucy Nakyobe who, though not being the appointing authority, has purported to ask him to remain in office .
"The aforesaid illegal and unconstitutional act of the first respondent remaining in office is being perpetrated under the watch of the third respondent who, as the Ministry's Permanent Secretary, has a constitutional mandate for the organisation and operation of the ministry, as well as implementation of the policies of the government."
Orders and declarations
Atuhaire seeks court to declare that the steps taken by government to award the post of Commissioner, Urban Water Supply and Sewerage Services in the Ministry of Water and Environment to Twinomujuni on a three-year contract, destroy and/or impede career progression opportunities for other eligible public officers and infringe or threaten their rights, and are prejudicial to the public interest protected by Article 43(1) of the Constitution.
"Court should issue declarations that the steps taken by the government of Uganda to award the post of commission, urban water supply and sewerage services in the Ministry Water and Environment to the first respondent on a three-year contract, destroy and/or impede government's efforts geared towards capacity building for sustainable institutional operations when senior officers retire, and infringe or threaten the fundamental and/or other rights of other eligible public officers and are prejudicial to the public interest protected by Article 43(1) of the Constitution."
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He also seeks court to declare that Twinomujuni clocked the mandatory retirement age and does nt qualify for reemployment by the Ugandan government and doing so, infringes or threatens public interest protected by articles 43(1) and 253(1) of the Constitution.
Atuhaire also seeks a permanent injunction restraining government whether acting personally or through their workers or agents, from ever infringing or threatening the fundamental or other rights of other public officers protected by the Constitution and other laws in relation to their career progression opportunities.
