Mbale city has lost a legal battle against Linus Nasimiyu, the acting city education officer who was interdicted in December last year.
Nasimiyu was suspended following allegations that she had misused a government vehicle assigned to the education department. She was accused of allowing her driver to use the vehicle beyond working hours without the approval of Ambrose Ochen, the former town clerk of Mbale City, which allegedly led to an accident.
Following her interdiction, Mbale City advertised several vacancies, including the position of education officer. In response, Nasimiyu sought legal redress through Equal Opportunities Uganda, arguing that advertising her position while she was still under interdiction was unfair and would jeopardize her chances of reclaiming the job.
The Equal Opportunities Uganda intervened, instructing Mbale City to suspend the job advertisement until the end of Nasimiyu’s interdiction period. However, the city challenged this directive in the High court in December, only for the case to be dismissed.
Last Friday, justice Faruku Lubega ruled in favour of Nasimiyu, ordering Mbale City to compensate her, with the final amount to be determined through negotiations between both parties’ lawyers. Lubega also upheld the directive from Equal Opportunities Uganda, instructing the city to halt the advertisement for the education officer position until Nasimiyu’s interdiction ends in March.
Mbale City public relations officer James Kutosi confirmed the court’s ruling, stating that the city was now awaiting the outcome of the compensation negotiations. He also appealed to Nasimiyu to pardon the city, emphasizing that her interdiction is set to conclude in March, at which point she is expected to resume her duties.
Attempts to reach Nasimiyu for comment were unsuccessful as her phone was switched off.
Equity looks to the substance rather than the form