Mbale City fined Shs 10m, ordered to reinstate medical officer

The High court in Mbale has ordered Mbale City Local Government to reinstate Dr Yassin Makonje to his duties at Namatala Health Centre IV, after ruling that the disciplinary action taken against him was unlawful and violated his right to a fair hearing.

Justice Farouq Lubega also awarded Makonje Shs 10 million in general damages and ordered the city authorities to meet the costs of the case. Makonje had been interdicted on September 24, 2025, following allegations that he demanded money from patients, had poor working relations with colleagues and engaged in a public fistfight.

He was subsequently transferred from Namatala health centre IV to Nakaloke health centre III. Makonje challenged the disciplinary measures in court, arguing that he had not been given sufficient details of the allegations against him or access to investigation reports and committee proceedings that would have enabled him to prepare an effective defence.

He told court that although he appeared before a special investigations committee and later the rewards and sanctions committee, he was not given an opportunity to properly challenge the allegations or confront the evidence against him.

The petition was filed against Mbale City Local Government and Abirebe Assy Tumwesigire, the then city town clerk, challenging the manner in which the disciplinary process was handled.

The respondents defended their actions, arguing that they had followed the law. They said a special investigations committee had been constituted and that Makonje had been invited to appear before it before the matter was referred to the rewards and sanctions committee.

However, Justice Lubega found that the respondents failed to place before court the investigation reports, recommendations, proceedings or minutes of the committees to demonstrate that Makonje had been accorded a fair hearing.

The judge noted that Makonje had specifically requested the investigation report and committee proceedings to enable him to prepare his defence, but the respondents did not rebut his claim that the documents had never been provided.

“Whatever decision the 2nd respondent/Abirebe made was reached without affording the applicant a chance to defend himself or was contrary to the law,” Justice Lubega ruled.

Interdiction exceeded three months

The court also found that Makonje’s interdiction exceeded the period permitted under the Public Service Standing Orders. He was interdicted on September 24, 2025, and the interdiction was lifted on February 23, 2026.

Justice Lubega noted that, where a disciplinary case does not involve police or court proceedings, the standing orders require investigations to be completed within three months.

The judge further faulted the decision to immediately interdict Makonje over allegations that did not, in his view, amount to gross misconduct warranting such a severe measure.

Justice Lubega said the disciplinary framework requires public authorities to apply a progressive approach to discipline, beginning with an oral warning, followed by a formal warning and, where necessary, a final written warning before more serious sanctions are imposed.

The court found that allegations of disrespect, arrogance, bullying, quarrelsomeness and rumour-mongering did not, on their own, amount to gross misconduct warranting immediate interdiction.

Court restores Shs 2.8m monthly allowance

The High Court also declared unlawful the withdrawal of Makonje’s additional duties, which attracted an allowance of Shs 2.8 million a month.

Justice Lubega said although a town clerk has supervisory and administrative responsibilities, that authority does not confer the constitutional power to impose disciplinary sanctions outside the prescribed framework.

The judge also found that the decision to withdraw Makonje’s additional duties on the ground that his conduct was “repugnant” lacked adequate explanation and had no lawful basis.

The court consequently quashed the decision and also nullified Makonje’s transfer from Namatala health centre IV to Nakaloke health centre III.

Although the court recognised that public officers can be transferred for legitimate administrative reasons, Justice Lubega said Makonje’s transfer came shortly after his interdiction was lifted and before the disciplinary proceedings had been lawfully concluded.

The timing and circumstances, the judge said, created a reasonable inference that the transfer was connected to the disciplinary allegations.

The court therefore directed Mbale City Local Government to immediately reinstate Makonje to his additional duties at Namatala health centre IV, together with the associated monthly allowance of Shs 2.8 million.

Adverse records expunged

The court further ordered the city authorities to expunge from Makonje’s employment record all adverse remarks, findings and warnings arising from the incomplete disciplinary proceedings.

The respondents were also prohibited from implementing or relying on the unlawful disciplinary decisions. They were further restrained from harassing, victimising or intimidating Makonje or interfering with his promotion and career progression on the basis of the proceedings that had been found unlawful.

However, Justice Lubega declined to award exemplary or punitive damages, saying Makonje had not satisfied the court on that claim.

The Shs 10 million awarded as general damages is to be paid within three months of the date of the ruling, in addition to the costs of the case.

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