By Jamillah Kemigisa
The Ugandan government is facing fresh legal heat after being sued for allegedly keeping a senior Ministry of Water and Environment official in office beyond the mandatory retirement age.
In a case filed before the Civil Division of the High Court, a concerned citizen, Atuhaire B., through Tibaijuka & Co. Advocates, accuses the government of unlawfully retaining Eng. John Mary Vianne Twinomujuni, Commissioner for Urban Water Supply and Sewerage Services, despite his retirement clocking in July this year.
According to court documents, Twinomujuni, born in July 1965, officially turned 60 on July 13, 2025, the mandatory retirement age in public service. However, instead of vacating office, he is reportedly being considered for a new three-year contract.
Atuhaire lists Head of Public Service Lucy Nakyobe, Permanent Secretary of the Ministry Alfred Okidi, and Twinomujuni himself as respondents in the suit.
The petitioner argues that the decision to keep Twinomujuni in office is unconstitutional and unfair to other long-serving engineers in the ministry, citing Eng. Herbert Nuwamanya (nine years as Assistant Commissioner), Eng. Richard Matua (eight years), and Eng. Felix Twinomucunguzi Rutaro Baineki (six years, holding a PhD) as equally or more qualified alternatives.
“These officers possess the same or superior qualifications to those of the first respondent and have served the ministry for more than 20 years, unlike Twinomujuni who has only been in the department for four years,” Atuhaire states in his affidavit.
He further contends that government policy only allows re-employment of pensioners under contract when their expertise is unavailable among serving officers — which, in this case, he says is untrue.
The suit faults Nakyobe for “illegally backing” Twinomujuni’s stay in office despite lacking appointing authority, and blames Okidi for allegedly failing to enforce retirement policy as the ministry’s accounting officer.
Atuhaire maintains that Twinomujuni’s continued stay undermines career progression, violates constitutional rights of other public officers, and erodes succession planning within the ministry.
The petition seeks several court declarations and orders, including:
- A declaration that retaining Twinomujuni violates Articles 43(1) and 253(1) of the Constitution by infringing on the rights of other eligible officers and the public interest.
- A permanent injunction restraining government from re-employing Twinomujuni or any other officer beyond the legal retirement age without justification.
- A finding that his continued stay in office is illegal, unconstitutional, and prejudicial to public service integrity.
The High Court is expected to set a hearing date in the coming weeks.
If ruled in Atuhaire’s favor, the case could set a landmark precedent on the contentious practice of re-employing retired public officers — a policy critics say blocks promotions for younger civil servants.
Under Uganda’s Public Service Standing Orders, civil servants retire at 60 years, judges at 65 (extendable to 70 for appellate judges). Re-employment is only permitted on contract and in exceptional circumstances where no suitable serving officer exists.
Civil society has long criticized government for abusing this policy, arguing that it favors well-connected officials at the expense of institutional growth.
The outcome of the Twinomujuni case could therefore determine not only his personal fate, but also the future of retirement policy enforcement across Uganda’s public service.
