High Court in Kampala has ruled that Uganda Civil Aviation Authority (UCCA) legally short listed and appointed its Director General, Mr Fred Bamwesigye.
Justice Musa Ssekaana ruled in favor of the Attorney General and CAA who had been dragged to court by a one Mr Pascal Jabbe Osinde Osudo. Mr Osinde sought to convince court that Mr Bamwesigye was ineligible for the appointment since he allegedly adjusted his age to fit into the job requirement of age 35-55.
Core to the accusations labelled against Mr Bamwesigye was that he has three different birth dates and also keeps changing his names from Kanyangoga to Bamwesigye.
However, the judge ruled that Mr Bamwesigye equally met the criteria set by UCAA and was thus eligible and suitably qualified to be shortlisted and later appointed as its Director General.
“…and that the issue of his age had already been determined by another court thus he could not re-litigate it,” court held.
Justice Ssekaana noted that the applicant’s (Mr Osudo) submission that only one person could be recommended by the board instead of three is totally flawed and erroneous
Court further observed that Mr Osudo had stated as part of his interests in the case is of a regular traveler with Uganda Airlines and intended to board the same in the future, however one has to show sufficient interest in an application for judicial review which is the opposite in this case.
“It is the duty of the courts to protect the scarce state resources and the overburdened court system by ensuring that litigants who appear in court in matters of judicial review have a direct or sufficient interest to come to court,” Justice Ssekaana ruled.
The judge explained that a citizen’s concern with legality of governmental action is not regarded as an interest that is worth protecting in itself.
He further explained that the interest required by law is not a subjective one and the court is not concerned with the intensity of the applicant’s feelings of indignation at the alleged illegal action, but with objectively defined interest.”
