{UAH} Prosecutor Mutesi Fights Back over Justice Ministry Top Job

Principal State Attorney Patricia Mutesi

By: Kim Aine

 Sep 19,2016 

The Principal State Attorney in the Directorate of Civil Litigation in the Ministry of Justice and Constitutional Affairs, Patricia Mutesi, has sued the Attorney General over what she calls the 'irregular" appointment of a senior official at her workplace.

Mutesi claims receiving an internal circular on September 21, 2015 calling for applications from qualified staff in the ministry to apply for the positions of Commissioner Civil Litigation (Line Ministries) and Principal State Attorney.

Having served for 5 years as Principal State Attorney, Mutesi applied for the job of Commissioner Civil Litigation which required an experience of 3 years in her immediate position.

She was later informed by an official in the ministry identified as Francis Emitu that two other staff – Ben Turyasingura and Henry Oluka had applied for the same position.

However, says Mutesi, whereas the Public Service Commission subsequently conducted interviews of the applicants and later appointed the successful candidates for the jobs of Principal Attorney, no interviews have been held to date for the post of Commissioner Civil Litigation.

Represented by Ligomarc Advocates, Mutesi says she was shocked to learn that Martin Mwambutsya, a senior State Attorney had been appointed Commissioner Civil Litigation.

She further submits in her application that the decision of Appointing Authority to issue an instrument appointing Mwambutsya "contravenes the provisions of the Public Service Act and Public Service Standing Orders" as he "did not apply for the said position, is not qualified for the position and was not recommended for the same position by the Solicitor General and the Public Service Commission."

Mutesi goes on to allege that allowing Mwambutsya to work before conducting interviews for the job was "contrary to the rules of natural justice and breached the applicant's expectation to be considered for appointment to the position for which she had applied."

The petitioner states the decision of Justice and Constitutional Affairs Minister Kahinda Otafiire in a letter dated June 16, 2016 directing the Solicitor General to assign Mwambutsya the duties of Commissioner Civil Litigation was in "contravention of the Public Service Act and Public Service Standing Orders."

She now states in her application dated September 13 that it is in the "interest of justice that the impugned decisions irregularly issuing the instrument appointing Mwambutsya be quashed".

Mutesi says at the time there were 8 principal state attorneys including George Kalemera and Elisha Bafirawala in the Directorate who are all senior to Mwambutsya and could competently handle the duties of the office of Commissioner.

Response  

Mwambutsya was recently quoted by The Observer as saying while he didn't apply for the job; he was a beneficiary of 'accelerated promotion.'

"Accelerated promotion is allowed and I have got the requisite qualification to be given the job," said Mwambutsya.

"I have qualifications to be appointed a High court judge or an attorney general, who supervises a commissioner," he added

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