High Court Quashes UTB’s Dismissal Of Claire Mugabi, Orders Reinstatement With Full Pay Fired by WhatsApp, reinstated by the High Court—Claire Mugabi’s victory against UTB sends a strong message on due process, power limits, and workplace justice in Uganda’s public sector. Justice, in this case, was not just done—it was seen.

In a landmark ruling that reasserts the centrality of due process in public employment, the High Court of Uganda has declared the dismissal of Claire Nassali Mugabi, the former Marketing Manager of Uganda Tourism Board (UTB), as illegal, irrational, and procedurally improper. The ruling, delivered by Hon. Justice Esta Nambayo on 27th February 2025, directed UTB to reinstate Mugabi to her position with full pay and awarded her UGX 5 million in general damages.

“This court makes the following orders: It is hereby declared that the 2nd Respondent’s dismissal of the Applicant from her employment with the 1st Respondent was illegal, irregular and procedurally improper,” ruled Justice Nambayo, referring to UTB CEO Lily Ajarova’s unilateral decision to terminate Mugabi without recourse to the Board of Directors.

The case, filed under Judicial Review Cause No. 016 of 2024, centered on Mugabi’s dismissal on May 28, 2024, which was communicated via WhatsApp and followed by an internal email circular informing all staff that she was no longer an employee.

According to the court record, Ajarova accused Mugabi of fraudulently obtaining employment by presenting forged academic credentials. However, the judge ruled that even if there were grounds for disciplinary action, the CEO lacked the authority to summarily dismiss Mugabi without involving the UTB Board, which is legally mandated to oversee such proceedings.

“The 2nd Respondent had no powers to dismiss the Applicant,” Justice Nambayo emphasized. “Her action was illegal and/or ultra vires… It does not matter whether after hearing the case, the Board arrives at the same decision.”

Citing the principle of audi alteram partem—“hear the other side”—Justice Nambayo criticized the manner in which Mugabi was dismissed: “There is no evidence to show that the 2nd Respondent gave chance to the Applicant to clarify on the findings… The 2nd Respondent took immediate action… The dismissal was communicated to her by WhatsApp.”

The judge ruled that Mugabi had not been given a fair hearing as required by both natural justice and UTB’s own Human Resource Manual. “Dismissing the Applicant without according her a hearing and yet the Human Resource Manual clearly lays down the procedure… amounts to procedural impropriety,” she added.

An order of certiorari was issued quashing the dismissal, while a mandamus was granted to compel UTB to reinstate Mugabi with full pay dating from the day of her dismissal. The court further directed UTB to properly investigate the alleged forgery by following the correct disciplinary process outlined in its HR Manual.

Justice Nambayo also criticized the conduct of the UTB Board, stating: “Despite the 2nd Respondent’s failure to follow the right procedure… the 1st Respondent’s Board of Directors failed and/or refused to intervene, leaving the Applicant to continue in an illegal dismissal.”

Mugabi was awarded general damages of UGX 5 million for humiliation, mental distress, and reputational harm. “The Applicant was humiliated… dismissed by WhatsApp communication and all staff were notified. She was blocked from accessing her office… I find that all the above actions caused injury to the Applicant’s self-esteem,” said the judge.

The ruling marks a significant precedent in the realm of administrative law and public service governance, especially concerning the accountability of CEOs and the role of Boards in employment decisions.

UTB has yet to issue a public response on the judgment.