In a landmark judgment that challenges executive overreach in public offices, Uganda’s High Court has ordered the Uganda Tourism Board to reinstate its former Marketing Manager, Claire Nassali Mugabi, after ruling her dismissal illegal, irrational, and procedurally flawed.
Justice Esta Nambayo, presiding over the case, delivered the decision on February 27, 2025, directing UTB to reinstate Mugabi with full pay from the date of her dismissal and awarded her UGX 5 million in general damages for humiliation and emotional distress.
Mugabi was abruptly dismissed on May 28, 2024, via a WhatsApp message from UTB CEO Lily Ajarova. The dismissal was later followed by an internal staff circular announcing her departure.
However, Justice Nambayo ruled that the CEO had no legal authority to terminate Mugabi’s contract without consulting UTB’s Board of Directors.
“The 2nd Respondent had no powers to dismiss the Applicant,” Justice Nambayo emphasized. “Her action was illegal and ultra vires.”
The judge was particularly critical of the manner of dismissal, pointing to a complete lack of due process. “There is no evidence to show that the Applicant was given an opportunity to respond. The dismissal was communicated to her by WhatsApp,” she noted.
UTB’s CEO had alleged that Mugabi presented forged academic documents to obtain the job. But even if those claims held merit, the judge said, Mugabi deserved a fair hearing under UTB’s own Human Resource Manual.
Justice Nambayo faulted both the CEO and UTB’s Board for procedural failures. “The Board of Directors failed and/or refused to intervene, leaving the Applicant to continue in an illegal dismissal,” she said.
The court issued an order of certiorari quashing the dismissal and a mandamus compelling UTB to reinstate Mugabi immediately. The ruling further ordered that any investigation into alleged forgery must follow the formal disciplinary process.
This judgment sends a resounding message across Uganda’s public sector: positions of power must be exercised within legal bounds, and employees—regardless of rank—are entitled to due process.
Legal analysts say the ruling sets a vital precedent for administrative law and employment rights in public institutions, where internal power dynamics often go unchecked.
UTB has yet to comment publicly on the ruling.
