Administrative Review

Mbonye v Attorney General (MISCELLANEOUS CAUSE NO. 294 OF 2017) [2018] UGHCCD 24 (31 January 2018);


Search Summary: 

From the foregoing analysis, the applicant s
complaint is essentially that the IGG report
unfairly constrains his opportunity to compete for
a promotion. This finding notwithstanding, he
does not deny changing the specifications for the
position of DGHS when he was acting as PS to
favour himself but denies wrongdoing.

Headnote and Holding: 

The court considered that as reports by the IGG
have in the past been found amenable to judicial
review , the doctrine of precedent dictates that this
court finds the adverse recommendations in the
IGG report susceptible to judicial review
Therefore, the court found that the
recommendation to review the shortlist on the
grounds of the applicant did not qualify to be on
that list is premature firstly because he has not

undergone disciplinary process before the Health
Service Commission which is the body authorized
to enforce the Code of Conduct , secondly it is not
one of the prescribed sanctions for breach of the
Code of Conduct .


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