Uganda’s Public Service standing orders have been put to test after a retired water commissioner seeks a new contract in government overlapping the public service orders put in place despite a large pool of eligible and experienced engineers.
This scenario has created a controversy that has drawn the Ministries of Water and Environment and Public Service into the spotlight, especially the Head of Public Service Ms Lucy Nakyobe, who has contradicted her earlier directive on retiring officials.
In this particular case Ms Nakyobe has decided over step her earlier directives and chose to bend rules to favor Eng John Mary Vianne Twinomujuni, who seeks to stay in office despite hitting the retirement age.
This dispute involving Eng Twinomujuni, who turned 60 years which is the mandatory retirement age for retirement now continues to pervade public scrutiny.
It is reported that instead of leaving his position in the Ministry of Water, Eng Twinomujuni was offered a new three-year contract as Commissioner for Urban Water Supply and Sewerage Services with the backing of the Head of Public Service Ms Nakyobe.
Ms Nakyobe wrote to the Permanent Secretary in the Ministry of Water and Environment in a letter dated 11th July claiming that the President gave a directive to retain Eng Twinomujuni as a Commissioner.
This has led to a lawsuit filed in the High Court at Kampala accusing senior officials of manipulating public service rules to keep Eng Twinomujuni in office under Misc. Cause No HCT-00-CV-MC-0217, was submitted on August 29th by one activist Atuhire B. through Tibaijuka and Co. Advocates, naming Eng Twinomujuni, Ms Nakyobe, the Ministry of Water and Environment Permanent Secretary Alfred Okidi and the Attorney General as respondents.
The suit argues that retaining Eng Twinomujuni without advertising the position violates the rights of other qualified officers.
An inside sources within the Ministry of Water and Environment said resentment of such rentantion of over aged staff is growing and it is well-known that the Directorate of Water Development has at least 11 Assistant Commissioners, each with more than 20 years of experience and advanced degrees, who are eligible for the job.
Some of the Officers qualified for the job including Dr Eng Felix Twinomucunguzi, Eng Richard Matua, and Eng Herbert Nuwamanya in the Urban Water Department, Eng Ronald Kasozi, Eng Kizito Henry, and Eng Kato Kayizi is in Water for Production, and several others are across Rural Water, Eng. Ahmed Sentumbwe, Dr Eng Frank Tumwine, Eng Olwenyi Lambert, under Water Utility; Dr Eng Frank Kweronda and Liaison departments and EngIvan Birungi.
“These officers have given their entire careers to this Ministry, yet when the opportunity arises, the job is ring-fenced for someone already past retirement,” An insider who asked no to be named said.
Court documents also highlight that Eng Twinomujuni was controversially appointed in 2021 despite being less experienced than several contenders and affidavits further allege that he was absent without official leave for over 80% of working days in the year before retirement.
Despite these claims, lawyers for the petitioners said Ms Nakyobe personally authorized him to remain in office, citing a directive from President Museveni and in her letter, she called his continued stay an administrative stopgap to prevent disruption of government service.
The appointment of Eng Twinomujuni is supported by the letter from President shows Ms Nakyobe highly recommended Eng Twinomujuni for the contract which contradicts her earlier position on making sure that retiring government officials leave office immediately they clock the retirement age.
The lawsuit seeks a permanent injunction to block Eng Twinomujuni’s reappointment, an order to competitively advertise the position, and compensation for legal costs and the general public awaits the court’s direction.
