KAMPALA, Uganda — A suit filed before the High Court in Kampala has placed the Ministry of Water and Environment in the spotlight, where a top official, Eng. John Mary Vianne Twinomujuni has failed to vacate office after reaching the mandatory retirement age.
The petition, filed by a civil society activist through attorney Tibaijuka and Co. Advocates argues that the continued re-employment is of Mr. Twinomujuni is illegal and unconstitutional.
The lawsuit, initiated by activist Atuhire B., was filed on Aug. 29 in the High Court of Uganda at Kampala, Civil Division, under Misc. Cause No. HCT-00-CV-MC-0217.
The petition names four key respondents: Twinomujuni; Ms Lucy Nakyobe Mbonye, the head of public service; Okidi Alfred, the permanent secretary of the Ministry of Water and Environment; and the Attorney General.
The lawsuit challenges the government’s decision to offer a three-year contract to Twinomujuni for the post of commissioner for urban water supply and sewerage services. The attorneys contend that this is illegal as Twinomujuni reached the mandatory retirement age of 60 on July 13, 2025.
The notice of motion seeks several declarations from the court, including that the government’s actions are “prejudicial to public interest,” “destroy career progression opportunities,” and “infringe upon the right of public officers to practice their profession and have equal protection under the law.”
The lawsuit alleges that Twinomujuni’s re-employment directly threatens the fundamental rights of other public officers who are eligible for promotion.
In a supporting affidavit, Atuhire’s legal team provides specific details to bolster the legal challenge with documents on court claiming that at the time of Twinomujuni’s initial appointment on Feb. 8, 2021, other long-serving engineers in the same department were more qualified.
The affidavit names three of these engineers including Eng. Herbert Nuwamanya, who had nine years as an assistant commissioner; Eng. Richard Matua, with over eight years as an assistant commissioner; and Eng. Felix Twinomucunguzi Rutaro Baineki, who had over six years as an assistant commissioner and holds a PhD.
The affidavit further alleges that Twinomujuni had been in the department for only four years, whereas the three named engineers had served for more than 20 years.
The document also makes serious allegations of misconduct against Twinomujuni. Lawyers claim that the official was absent from work without official leave for 80% of the year leading up to his retirement.
During this period, he allegedly spent his time campaigning for his wife, Loydah Kyarikunda Twinomujuni Muhimbura, who was running for the position of Woman MP in the Mbarara District.
The notice of motion also alleges that Mbonye and Alfred are complicit in the illegal act. A letter attached to the motion reportedly shows that Mbonye instructed Twinomujuni to remain in office, a move the applicant’s lawyers argue she was not authorized to make.
The attorneys are seeking a permanent injunction to restrain the respondents from continuing to infringe on the rights of public officers, as well as an order for them to cover the costs of the application.
The lawsuit comes at a time when Nakyobe who is a respondent in the case, has taken a new public stance on the issue of civil service contracts.
Last week, she directed permanent secretaries across all ministries to stop extending contracts for civil servants who have reached retirement age.
Speaking at the 5th Administrative Officers’ Forum, Nakyobe said she would also advise President Yoweri Museveni against seconding retirees on extended contracts. She argued that the salary and pension enhancements for senior officials should benefit their immediate junior colleagues instead.
“If a senior person has retired, the public service position should immediately be occupied by their understudy,” she said. Nakyobe added that she plans to meet with the chairperson of the Public Service Commission to ensure all requests for contract extensions are rejected. “They shouldn’t be denying others a chance for promotion,” she stated.
The government allocated 57 billion Ugandan shillings (about $15.2 million) in the 2025-2026 financial year for salary enhancements for senior public officers, including permanent secretaries, commissioners and chief administrative officers.
