Minister rescinds decision to probe UNBS boss
Kasigwa contends that the minister’s directives were unlawful and procedurally flawed, arguing they were issued outside the powers granted by law.
Lawyer Ebert Byenkya speaking with AG's representatives after the case was adjourned. (Photo by Michael Odeng)
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The Attorney General’s representative has told court that trade minister Francis Mwebesa has withdrawn his earlier directive sending Uganda National Bureau of Standards (UNBS) executive director James Nkamwesiga Kasigwa on forced leave.
On September 3, 2025, the minister directed Kasigwa to take forced leave to pave the way for investigations into allegations of misconduct, insubordination, and abuse of office.
Appearing before Justice Joyce Kavuma of the High Court’s Civil Division on October 27, 2025, Peter Masaba, representing the Attorney General, said the minister had rescinded his decision, although his team was still verifying the authenticity of the letter communicating the reversal.
“We have not yet filed a response to the application for a temporary injunction, but the minister has rescinded his earlier letter that formed the basis of this case. We are still verifying the authenticity of that communication,” Masaba told court.
Masaba, therefore, asked for more time to file a response to Kasigwa’s application.
Although Ebert Byenkya, representing Kasigwa, did not oppose the adjournment of the matter, he asked that the Attorney General formally communicate the minister’s revised position to the court.
This prompted Justice Kavuma to adjourn the matter to November 4, 2025, to allow the Attorney General time to clarify the minister’s decision.
Through his lawyers, Byenkya, Kihika and Company Advocates, Kasigwa, filed an application seeking a temporary injunction to block the implementation of Mwebesa’s directive to investigate him [Kasigwa] on allegations of misconduct, insubordination, and abuse of office.
Kasigwa contends that the minister’s directives were unlawful and procedurally flawed, arguing they were issued outside the powers granted by law.
He argues that the investigative process violates the principles of natural justice, since the minister who initiated the investigations also holds the authority to make the final decision.
Kasigwa stated that the minister was acting as an accuser, prosecutor, and judge in the same matter.
“The process is irrational, unreasonable, and contrary to the rules of natural justice,” he argued.
Kasigwa argues that the allegations made by Mwebesa are serious and criminal in nature, and therefore should be referred by the UNBS Council to an independent, impartial, and professionally competent investigative body, such as the Office of the Inspector General of Government or the Auditor General.
“The investigation by the UNBS Council is procedurally incorrect, irrational, unreasonable and unfair,” he contends.
Kasigwa also said the decision of the minister to purportedly send him on forced leave is unlawful as it constitutes the exercise of a governance function not vested in him under the UNBS Act or regulations.