By Watchdog Uganda

Copyright watchdoguganda

Kampala, UGANDA –A contentious decision to extend the contract of a retired water official has sparked outrage, with the Ministries of Public Service and Water and Environment accused of flouting Uganda’s public service laws.

The matter is coming up for hearing before the High Court in Kampala on Friday.
The case, centred on Eng. John Mary Vianne Twinomujuni, who reached the mandatory retirement age of 60 on July 13, 2025, has led to a High Court petition challenging the process.

At the heart of the dispute is a proposed three-year contract for Twinomujuni to remain Commissioner for Urban Water Supply and Sewerage Services, allegedly backed by Ms. Lucy Nakyobe, Head of Public Service. The move bypasses 11 qualified Assistant Commissioners within the Ministry of Water and Environment, each with over 20 years of experience and advanced degrees, eligible for promotion.

Legal Challenges

On August 29, 2025, activist Mr. Atuhire B., through Tibaijuka & Co. Advocates, filed a petition (Misc. Cause No. HCT-00-CV-MC-0217) in the High Court, naming Twinomujuni, Nakyobe, Permanent Secretary Alfred Okidi, and the Attorney General as respondents. The suit argues that retaining Twinomujuni without advertising the post violates the rights of other officers under Article 43(1) of Uganda’s Constitution, which protects against actions prejudicial to public interest. It calls the decision a “deliberate manipulation” of public service rules.
Under Uganda’s Public Service Act (2008) and the Public Service Standing Orders (2010), appointments and extensions must follow merit-based, transparent processes.

Section 13 of the Public Service Act mandates the Public Service Commission (PSC) as the sole authority for appointing, promoting, and extending contracts of public officers. The Standing Orders (Section A-e) require competitive recruitment for vacant posts, especially at senior levels like Commissioner. Critically, the Head of Public Service lacks the legal power to recommend reappointments, as this role is advisory and administrative, not executive. Nakyobe’s reported letter on July 11, 2025, instructing Twinomujuni’s retention as an “administrative stopgap,” exceeds her authority, as only the PSC, with Cabinet approval for senior posts, can make such decisions. This letter raises serious questions about whether external influences drove Nakyobe’s actions.

Internal Frustrations

The Directorate of Water Development boasts a robust talent pool, including:
Urban Water Department: Dr. Eng. Felix Twinomucunguzi, Eng. Richard Matua, Eng. Herbert Nuwamanya.

Water for Production: Eng. Ronald Kasozi, Eng. Kizito Henry, Eng. Kato Kayizi.
Other Departments: Eng. Ahmed Sentumbwe, Dr. Eng. Frank Tumwine, Eng. Olwenyi Lambert, Dr. Eng. Frank Kweronda, Eng. Ivan Birungi.

Insiders, speaking anonymously, express resentment, noting that these officers, with decades of service, are being overlooked. Court documents further allege Twinomujuni’s 2021 appointment was controversial due to his limited experience compared to peers and claim he was absent without leave for over 80% of working days in his final year. Mr. Twinomujuni was reported to have been heavily involved in campaigns for his wife, who is running for Member of Parliament, Mbarara District.

Nakyobe’s Contradictory stance

The case exposes a glaring contradiction. On September 2, 2025, during a Permanent Secretaries’ meeting, Nakyobe directed that no retired officers should remain in office, emphasizing promotions for understudies. At the 5th Administrative Officers’ Forum, she reiterated, “If a senior person has retired, their understudy should occupy the position,” pledging to enforce this with the PSC Yet, her earlier authorization of Twinomujuni’s extension—allegedly tied to a presidential recommendation—undermines her reformist stance. Legal experts note that even a presidential directive cannot override the PSC’s authority under the Public Service Act, as Section 14(2) requires all extensions to be justified on exceptional grounds (e.g., unique expertise) and approved transparently.

Stakes for Public Service Reform

The petitioners, whose case is coming up for hearing on Friday, September 29, seek a permanent injunction against Twinomujuni’s reappointment, an order to advertise the post competitively, and legal costs. The outcome could set a precedent for whether political influence will continue to trump merit-based principles in Uganda’s civil service. Governance analysts warn that Nakyobe’s actions, if unchecked, risk undermining the credibility of ongoing reforms aimed at curbing favouritism.

“This case tests whether public service rules apply equally or are just rhetoric,” one analyst remarked. The High Court’s ruling will determine not only Twinomujuni’s fate but also the integrity of Uganda’s public service framework, ” a senior official in the Ministry of Public Service noted.

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