Kampala, Uganda | By Michael Wandati | The High Court in Kampala has issued an order for the enhancement of salaries for police legal officers, ensuring they receive pay equal to that of other government lawyers employed in the Office of the Director of Public Prosecutions (ODPP) and the Attorney General’s office.
This significant ruling was delivered by Justice Musa Ssekaana, head of the Civil Division, following a petition brought forth by seven police officers; Christine Nanding, Fred Paul Mirondo, Katrine Kusemererwa, Stephen Kagoda Ibanda, Rosemary Victoria Kirunda, Jimmy Shunu Chepkurui, and Stella Ninsiima Rwambuka.
The officers took legal action against the Attorney General, challenging the Ministry of Public Service’s decision to reduce their salary structure. The issue dates back to 2008 when the government implemented a policy to increase the salaries of government lawyers.
However, police legal officers were excluded from this enhancement, leading to claims of discrimination and the filing of a civil suit (High Court Civil Suit No. 160 of 2008).
In 2010, President Museveni directed that police legal officers’ salaries be increased to align with those of their counterparts in the ODPP. Consequently, all police legal officers from the rank of AIGP to ASP began receiving enhanced salaries, leading to the withdrawal of the civil suit.
For over a decade, from 2010 to 2022, these enhanced wages were included in the police wage bill. Newly appointed legal officers also received salaries matching those of ODPP lawyers. However, in the 2021/2022 financial year, the enhanced salary structure was applied only to legal professionals in the ODPP, excluding those in the Ministry of Justice and Constitutional Affairs. This exclusion continued into the 2022/2023 financial year.
On October 17, 2022, the Permanent Secretary of the Ministry of Public Service notified the Inspector General of Police (IGP) about an alleged overpayment of police legal officers, prompting a downward revision of their salaries. In March 2023, the Permanent Secretary of the Ministry of Internal Affairs revoked the officers’ previous appointments made on July 6, 2022.
In response, the officers petitioned the High Court in 2024, arguing that this decision violated the presidential directive, was unconstitutional, and undermined the authority of the President. They also claimed that the decision was made without following due process and without giving them an opportunity to be heard.
The officers pointed out that they had taken out loans based on the salary terms outlined in their appointment letters from July 6, 2022. They argued that the roles of the Uganda Police Force and the ODPP are interconnected within the Justice Law and Order Sector (JLOS), and that the President’s directive to enhance their salaries was intended to ensure fairness, equity, and the retention of legal talent within the police force.
Their legal team, led by John Isabirye, asserted that all administrative avenues had been exhausted, leaving the court as the only option to overturn the decision and mandate the immediate enhancement of their salaries.
The Attorney General countered that starting from the 2021/2022 financial year, salaries for legal professionals were determined based on the specific nature of their duties. Different salary scales were applied across various government roles, including those in the judiciary, Ministry of Justice and Constitutional Affairs, ODPP, Judicial Service Commission (JSC), and other agencies, as per directives issued by the Ministry of Finance, Planning, and Economic Development.
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He further argued that the payroll officer in the Uganda Police Force had unlawfully “manually reviewed the salary scale codes against the policy and controls fitted within the payroll system,” and thus asked the court to dismiss the application. In his ruling, Ssekaana sided with the officers, declaring the downward revision of their salary structure null and void.
“The actions or conduct of the respondent (Attorney General) is in total violation of the right to a legitimate expectation of the applicants who had received an enhanced salary in accordance with the presidential directive,” said Ssekaana.
He issued an order nullifying the decision and granted a mandamus directing the ministry to pay the officers all arrears owed due to the non-payment or underpayment of their enhanced salaries. Additionally, the court awarded costs to the applicants and imposed a permanent injunction preventing the ministry from making any future attempts to alter the officers’ enhanced salary structure.
“A declaratory order that the decision to revise the salary payments of the Uganda Police Force legal professionals downwards below the enhanced salary scale was a violation of the presidential directive and an attempt to undermine the fountain of honour,” added Ssekaana.
