The Supreme Court has ordered Kampala Capital City Authority (KCCA) to pay Shs 100 million in general damages to a woman who was recruited but never deployed for duty.
The case stems from a 2012 recruitment process conducted by the Public Service Commission, which had advertised vacant positions at KCCA. Tusiime Doreen applied for the position of Officer Prosecution and was successful.
In a letter dated October 1, 2012, she was formally notified of her appointment and instructed to report to KCCA’s Executive Director for deployment. However, upon reporting, she was verbally informed by the Director of Human Resources that her deployment had been halted due to lack of funds and advised to wait for the next financial year.
The same explanation was repeated in the 2013/2014 and 2014/2015 financial years, with KCCA citing continued financial constraints. Eventually, on October 6, 2016, the authority formally communicated that her deployment had been halted indefinitely.
Aggrieved, Tusiime filed a judicial review application in the High Court, seeking declarations that KCCA’s actions were unlawful and unconstitutional. She also sought orders compelling her deployment and compensation equivalent to the salary and benefits she would have earned.
The High Court ruled in her favour, granting orders of certiorari and mandamus, and awarding damages equivalent to her expected salary. However, KCCA successfully appealed the decision in the Court of Appeal, which overturned the High Court ruling and dismissed her claims. Tusiime then appealed to the Supreme Court.
In its ruling, a panel of five justices led by Catherine Bamugemereire, alongside Muzamiru Mutangula Kibeedi, Christopher Madrama Izama, Elizabeth Musoke and Percy Night Tuhaise, found that KCCA’s actions constituted a continuing administrative breach that affected the applicant’s rights.
The court held that in cases of ongoing illegality, time limitations do not apply in the same way as completed transactions.
“Judicial review is deeply rooted in constitutional principles that safeguard legality and fairness in administrative action,” the court observed.
However, the justices declined to award salary and benefits, noting that Tusiime had never assumed office.
“Emoluments are earned only upon actual assumption of duty and performance of functions. To award salary for a period in which no service was rendered would amount to unjust enrichment,” the court ruled.
The Supreme Court further found that the Court of Appeal had erred in law by declaring the judicial review application time-barred, and set aside its decision.
The court affirmed that Tusiime’s appointment was valid and that KCCA’s failure to deploy her was unlawful. It awarded her Shs 100 million in general damages, with interest at six percent.
