It adds that, “therefore, the question of time starting to run from the date of the final decision cannot arise in the circumstances since the final decision is not an issue before this court”.
Governor Emmanuel Tumusiime Mutebile with Executive Director Supervision Twinemanzi Tumubweine before COSASE.
The High Court in Kampala has dismissed with
costs an application challenging the appointment of Executive Director in
Charge of Supervision at Bank of Uganda Dr Twinemanzi Tumubweine.
Activist Arnold Mukose's application has been dismissed by Civil Division Judge Phillip Odoki on grounds
that it was filed out the stipulated three months’ time within which to file
judicial review cases.
was appointed Director Supervision on February 7 2018 by the Bank of Uganda
Governor Emmanuel Tumusiime Mutebile and the appointment was later
confirmed in August 2020 by the Board.
However, Mukose petitioned the court saying that
there was no internal and external advertisement of the job, no request by the
executive director administration to the governor to recruit an executive
director in charge of supervision through headhunting and that other issues were
Mukose also accused Twinemanzi of not being fit to
be in that position due to a lack of experience in commercial banking saying he
has never worked in any commercial bank, which is one of the key requirements
for the said job.
As such, Mukose asked the court to declare that
the appointment of Twinemanzi who reportedly graduated in 1996 at Makerere
University with a mere pass degree of Bachelors of Science in Statistics and Applied
Economics to have been irregular.
during the hearing, the respondents including the Attorney General, Bank of
Uganda and Twinemanzi’s lawyers asked the court to dismiss Mukose’s petition. This
was on grounds that it is an abuse of
the court process as it should have been filed at least within three months
after Twinemanzi’s appointment.
Through their lawyers Geoffrey Madete, Andrew Kibaya, Vincent Dubang and Enock Bararata, the
respondents told Court that Musoke's application was filed on November 4th
2020 seeking to challenge the decision of the Governor Bank of Uganda made on
7th February 2018;
yet the judicial review rule under he
filed it gives an aggrieved person three months within which to challenge the
They asked court to strike off Mukose’s
case with costs on that basis.
However, in his ruling sent to parties
via email, Justice Phillip Odoki has agreed with the respondents and
accordingly dismissed Mukose’s application with costs.
The Judge has reasoned that Mukose did
not challenge the final decision of the Bank of Uganda Board of Directors but instead
on the preliminary one made in 2018 and as such, the time frame of filing
judicial review cases had lapsed.
“…. the affidavit in support of the
application clearly shows that the applicant was not aware that the final
decision had been made by the time of filing this application. Having been made
aware of the decision when the 3rd Respondent/Twinemanzi attached to
his affidavit the letter of the Governor, the applicant should have opted to seek
for the leave of the court to amend the application to challenge the final
decision of the board but he did not”, reads Odoki’s ruling.
It adds that therefore, "The question of time
starting to run from the date of the final decision cannot arise in the circumstances
since the final decision is not an issue before this court.”
Speaking to Uganda Radio Network, Mukose has
revealed that he is still studying the ruling but he hopes to challenge it in
the Court of Appeal because he is not happy with the orders therein.