The High Court in Mbale has ordered Mbale City Local Government to reinstate Dr. Yassin Makonje at Namatala Health Centre IV after ruling that disciplinary action taken against him was unlawful and violated his right to a fair hearing. In his decision delivered via email, Justice Farouq Lubega has also awarded Makonje 10 million Shillings in general damages and ordered Mbale City Local Government to meet the costs of the case.
The ruling arose from Application Number 011 of 2026, in which Makonje challenged disciplinary measures imposed on him by Mbale City Local Government and Abirebe Assy Tumwesigire, the then City Town Clerk.
Makonje had been interdicted from duty on September 24, 2025, following allegations that he demanded money from patients, had poor working relationships with colleagues, and engaged in a fist fight in public. He was then transferred from Namatala Health Centre IV to Nakaloke Health Centre III. He told the court that he was not given sufficient details of the allegations against him and was not provided with investigation reports and proceedings that would have enabled him to prepare his defence.
Makonje said that although he appeared before a Special Investigations Committee and later the Rewards and Sanctions Committee, he was not allowed to properly challenge the allegations or confront the evidence against him. The respondents argued that the disciplinary process 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 provide the court with 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 requested the investigation report and proceedings to prepare his defence, but the respondents did not rebut his claim that the documents had not 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,” the judge ruled. The court also found that Makonje’s interdiction lasted longer than the period permitted under the Public Service Standing Orders.
Makonje was interdicted on September 24, 2025, and the interdiction was lifted on February 23, 2026. Justice Lubega said the Public Service Standing Orders require investigations in disciplinary cases that do not involve police or courts to be concluded within three months. The judge therefore declared the prolonged interdiction illegal. The court further faulted the decision to immediately interdict Makonje over allegations it considered relatively minor.
Justice Lubega said the disciplinary framework requires public authorities to adopt a progressive approach, beginning with an oral warning, followed by a formal warning and, where necessary, a final written warning before more serious disciplinary measures is taken.
The court found that allegations of disrespect, arrogance, bullying, quarrelsomeness and rumourmongering did not amount to gross misconduct warranting immediate interdiction. The High Court also declared unlawful the withdrawal of Makonje’s extra duties, which attracted an allowance of 2.8 million Shillings per month.
The judge said the Town Clerk could exercise supervisory and administrative functions but did not, by virtue of that role, acquire the constitutional power to impose disciplinary sanctions. Justice Lubega found that the withdrawal of Makonje’s additional duties on grounds that his conduct was “repugnant” lacked sufficient explanation and was therefore unlawful and without lawful basis. The court also quashed Makonje’s transfer from Namatala Health Centre IV to Nakaloke Health Centre III.
Although the court recognized 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 judge said the timing and circumstances created a reasonable inference that the transfer was linked to the disciplinary allegations. Accordingly, the High Court directed Mbale City Local Government to immediately reinstate Makonje to his extra duties at Namatala Health Centre IV, together with the associated allowance of 2.8 million Shillings per month.
The court also ordered the local government to expunge from Makonje’s employment record all adverse remarks, findings and warnings arising from the incomplete disciplinary proceedings.
The respondents were further prohibited from implementing or relying on the unlawful disciplinary decisions and were restrained from harassing, victimising or intimidating Makonje or interfering with his promotion and career progression.
However, the court declined to award exemplary or punitive damages, saying Makonje had not satisfied the court on that claim. The 10 million Shilling general damages are to be paid within three months from the date of the ruling-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
