Retired but Reappointed? Gov’t Sued Over Re-Appointment of Water Ministry Official Past Retirement Age

Kampala, Uganda The Ministry of Water and Environment, alongside top government officials, is facing legal action over the alleged illegal extension of a senior civil servant’s contract beyond the mandatory retirement age.

A petition filed in the High Court in Kampala challenges the re-appointment of Eng. John Mary Vianne Twinomujuni as Commissioner for Urban Water Supply and Sewerage Services, despite his upcoming retirement on July 13, 2025, when he turns 60 — the statutory retirement age in Uganda’s civil service.

The case, filed on August 29 under Miscellaneous Cause No. HCT-00-CV-MC-0217 by activist Atuhire B., through Tibaijuka & Co. Advocates, lists four respondents:

  • Eng. John Mary Vianne Twinomujuni
  • Ms. Lucy Nakyobe Mbonye – Head of Public Service
  • Mr. Okidi Alfred – Permanent Secretary, Ministry of Water and Environment
  • The Attorney General

The applicant argues that the extension of Twinomujuni’s contract for an additional three years is illegal, unconstitutional, and contrary to public interest. The suit contends that such decisions undermine career progression, deny opportunities to other qualified public servants, and violate constitutional guarantees of fair treatment and equal opportunity.

In a supporting affidavit, the applicant identifies three senior engineers — Eng. Herbert Nuwamanya, Eng. Richard Matua, and Eng. Felix Twinomucunguzi Rutaro Baineki — who were allegedly more qualified and experienced but were overlooked for promotion in favor of Twinomujuni.

Further allegations of misconduct have been raised against Twinomujuni, claiming that he was absent for up to 80% of official working days during the year leading up to his retirement. The absence is attributed to his involvement in campaigning for his wife, Loydah Kyarikunda Twinomujuni Muhimbura, who contested for the Mbarara District Woman MP seat. The petition claims he took no official leave during this time.

The case also implicates Ms. Nakyobe and Mr. Alfred, accusing them of facilitating the re-employment. Notably, a letter from Ms. Nakyobe allegedly instructing Twinomujuni to remain in office is cited in the suit as unlawful.

The petitioner is seeking:

  • A court declaration nullifying the renewed contract
  • A permanent injunction stopping Twinomujuni from continuing in office
  • An order barring any further efforts to retain him
  • Legal costs of the application

Ironically, the case comes shortly after Ms. Nakyobe, who is now a respondent, publicly spoke against the extension of contracts for retired civil servants. While addressing the 5th Administrative Officers’ Forum, she emphasized that such extensions were detrimental to succession planning and career growth in the public sector.

“If a senior person has retired, the public service position should immediately be occupied by their understudy,” she said, adding that she would advise President Yoweri Museveni to reject future extension requests.

The government, she noted, has allocated Shs57 billion this financial year to enhance salaries for senior officials, including commissioners, permanent secretaries, and chief administrative officers — a policy she insists should benefit junior officers once seniors retire.

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