The High Court of Uganda has delivered a verdict in favor of Engineer James Nkamwesiga Kasigwa, declaring him the legitimate Executive Director of the Uganda National Bureau of Standards (UNBS).
Kasigwa’s appointment had been challenged by Muyambi Fortunate Benda, who petitioned the court to declare the appointment illegal and a nullity. Benda had argued that the Minister of Trade, Industry, and Cooperatives, Hon. Francis Mwebesa, acted illegally by appointing Kasigwa without the recommendation of the National Standards Council (NSC).
According to court documents, the NSC had selected Benda and another candidate, Apollo Ssegawa, for the minister to pick from. However, Minister Mwebesa appointed Kasigwa, citing that he was the best-suited candidate for the position.
Benda’s lawyer, Counsel Wanabungo Innocent, argued that the Minister’s decision was illegal, irrational, and procedurally improper. He claimed that the Minister had acted without a cause of action and had denied Benda an opportunity to be heard.
However, Counsel Peter Masaaba, representing the Attorney General, argued that the court should not interfere with the decisions of the executive, unless there are exceptional circumstances. He stated that the Minister had acted within his powers and had provided reasons for rejecting the NSC’s recommendations.
In his ruling, Justice Musa Ssekaana stated that the Minister had exercised his powers lawfully and had provided sound motives for rejecting the NSC’s recommendations. The judge noted that the NSC’s recommendations were not binding, and that the Minister had subjected the report to thorough analysis and due diligence.
Justice Ssekaana also ruled that the two candidates recommended by the NSC lacked the minimum requirements for the position, including an Honors degree in science, a Master’s degree in a relevant field, and 15 years of practical experience.
Kasigwa, an Electrical Engineer with a distinguished career, was appointed as the Executive Director of UNBS in May 2024, replacing Dr. David Livingstone Ebiru. The court’s decision has now solidified Kasigwa’s position, allowing him to continue serving in the role.
