Mukono, Uganda. The High Court in Mukono district has directed the Mukono District Local Government to approve Stella Margret Kiondo on the District Service Commission as the representative of urban authorities.
Resident Judge David Matovu issued an order after a thorough examination of Kiondo’s application against Mukono DLG and the District (LC5) Chairman -Rev. Peter Bakaluba Mukasa’s refusal to endorse her as a member of the District Service Commission representing urban authorities
Through her legal representatives- Denis Nyombi and company advocates, Kiondo further appealed to the court to prohibit the respondents from organising nominations and elections or appointing any alternative representative of the urban authority.
The longstanding bickering followed the expiration of the term of service of the District Service Commission on March 12, 2022.
Led by Rev. Bakaluba, Mukono District Executive found itself at odds with the Ministry of Public Service regarding the appointment of a new chairperson.
Initially, the Ministry of Public Service proposed Kiondo, the former chairperson elected as the representative of the urban council executives, as the new chairperson.
But Bakaluba dismissed this suggestion, citing corruption and bribery allegations filed against Kiondo by residents who had previously applied for jobs in the district.
Despite the Ministry’s endorsement, Bakaluba insisted on conducting a thorough background of Kiondo’s background before confirming her as the chairperson.
In response, Bakaluba presented Dr. Godfrey Kibuuka Kisuule as the alternative representative, stating the importance of prioritising individuals with impeccable reputations.
He also further proposed Sarah Katumba, a former midwife, as a member to complete the commission which forced Kiondo to lodge a petition seeking formal judicial review of the matter.
However, Justice Matovu determined that Rev. Bakaluba’s accusations against Kiondo lacked legal ground.
He further instructed Rev. Bakaluba and the district to approve Kiondo to join the previously approved four members to form the District Service Commission without delay to expedite the recruitment of workers.
According to Justice Matovu, the list of other four members include Engineer Dr. Godfrey Kibuuka Kisuule as Chairperson, Arthur Blick Mugerwa as a member representing persons with disabilities, Badrus Idris Semakula, and Lydia Nakachwa as a member.
“An order of certiorari is hereby issued quashing the Respondents’ decision of rejecting and/or nullifying the election of the Applicant as the lawfully elected representative of urban councils to the MDSC,” Justice Matovu ruled, adding an order of mandamus to the Respondents to confirm and forward the Applicant to the Public Service Commission as the duly appointed member representing urban Councils to the MDSC. He later instructed the respondent to meet all the costs of the case.
This marked the third application presented before the court regarding the Mukono District Service Commission. The initial application was filed by Samuel Busulwa, a concerned citizen, who sought an order to annul the decision of the Public Service Commission, which had rejected Dr. Godfrey Kibuuka Kisuule and Sarah Katumba as the Chairperson and members respectively.
Justice Matovu granted partial approval specifically concerning the four members of MDSC. But the appointment of Sarah Katumba was denied and, in her place, Kiondo was designated as a representative of urban councils to MDSC.
Subsequently, another application was submitted by Rev. Bakaluba also seeking a judicial review and a declaration of Sarah Katumba as a member to the commission.
“Court also finds that having ably decided the instant cause, Miscellaneous Cause No. 0020 of 2023 is rendered redundant.”
Justice Matovu’s decision comes a few days after the Mukono District Council passed a resolution to seek the support of the Buikwe District Service Commission to facilitate the recruitment of workers and manage emergencies within the human resources department.
The council thoroughly deliberated, considering various options and conducting a feasibility study in neighbouring districts such as Wakiso, Kayunga, Buvuma, and Buikwe.
After careful consideration, most council members, comprising thirty-three district councillors, seconded the motion, signalling their approval for the collaboration with Buikwe District Service Commission.
However, three councillors dissented the motion arguing that it contradicted existing they pointed out that a similar motion had been proposed, tabled, and rejected in a previous council session and that the matter was before court then pending review.
With the latest court decision, the district council will sit again and devolve its decision to borrow Buikwe commission and instead implement the court decision by approving members as listed by court.
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