According to a 5th March termination letter to Chris Obore by the Clerk to Parliament, Jane Kibirige, the recruitment of Chris Obore as Director of Communication and Public Affairs at Parliament was done illegally.
In the letter, the Clerk noted that the decision to have Obore’s employment terminated followed a report from the Inspector General of Government (IGG) that had undertaken an investigation into how Obore was procured for the job.
Reports say the report by the IGG exposed a lot of irregularities and illegalities that were perhaps committed by the Commission in hiring Obore’s services.
“The report concludes among others that the recruitment of the Director, Communication and Public Affairs was founded on an illegality as it was in contravention of the Parliamentary Service (Staff) Regulations, 2001”, the letter reads in part.
Adding that,” In view of that finding by the IGG and the same having been brought to our attention, it follows that your employment as Director CPA in the Parliamentary Commission is based on an illegality and out to be reviewed. In the circumstances, it is apparent that your services will have to be terminated accordingly on terms to be agreed upon.”
The IGG in her report dated January 16,2016, titled irregular recruitment of the director communication and public affairs by the parliamentary commission which among others recommended that parliamentary commission to look into his employment contract.
However, on March 7, 2017, parliament replied the IGG stating the sequence of proceedings and decisions by the parliamentary commission indicating that the recruitment of Mr. Obore was legal and therefore, he merited the job. However, a whistle-blower believed to be a member of staff at parliament is believed to be behind the woes of Mr. Obore.
On February 5, 2015, a meeting was held to receive a report of short listing for the post of director communications and public affairs at the office of the director human resource at parliament.
The above meeting was as a result of a parliamentary commission external advertisement inviting applications to fill the vacant position of director communication and public affairs in the parliamentary service.
Methodology
The criteria for assessing the applicants for short-list were based on the parliamentary commission. The short listing panel assessed the applicants considering the areas as spelt out in the guidelines.
The scoring was out of 35 marks and the candidates who scored a minimum mark of 33 and above were legible for shortlist as per the shortlisting guidelines. The panel was composed of:
Okello G. Obabaru-Deputy Clerk, Corporate affairs-Chairman
Dison B. Okumu-Director, corporate planning and strategy-Member
Bernard Nangoli-Principal HRO-Secretary to the panel.
And as the result, 20 applicants submitted their applications.
Gibert Kadilo ,Bernard Eceru, Jimmy Otim, Denis Natukunda Kabunga, Emmanuel Eka, Cyirus Muti, Atibuni Kefa
Peter Okello Jabweli, Simon Peter Kasyate Turahikayo, Aloysius Louis Mubiru K, Isaac Kalembe, Naomi Namara Karekaho, Godwin Bonge Muhwezi, Anita Nshakira, Wilson JananAkwong, Elvis Kalema, Reuben Twinomujuni, Simon Katende, John Julius Wandera and Michael Otai Ocilaje.
On February 9, a validation report for the post of the director communication and public affairs was held and the panel was composed of the following members:
Mr. Paul Wabwire, Deputy Clerk, parliamentary affair-chairperson
Mr. Innocent Rugabwa, Director, Library Services-member
Mr. Charles Kizza Luwanga, Assistant Director, Human Resource-Human Resource representative/Secretary.
Above panel validated the applicants above and found out that none of them met the credentials above. And therefore, the parliamentary commission sub-commission on human resource and administration recommended the head hunt recruitment for the post of director communication and public affairs.
Subsequently on March 23, 2015, the 4th meeting of the sub-committee on human resource and administration was on in room 521 North Wing of parliament at 12.45 pm and members present were: Mr. William Wilson Nokrach –chairperson, Ms Rosemary Sseninde –Mmeber and Ms Rose Akol Okullu-Member.
Others in attendance were Jane L. Kibirige- Clerk to Parliament, Okeelo G. Obabaru-Deputy Clerk, Corporate Affairs, Dison Okumu, caretaker, HR department, Benson Masereka Onzi, Secretariat/minute secretary and absent with apology was Ronald Reagan Okumu.
The clerk requested the caretaker HR department to brief the meeting, the caretaker informed the meeting that 20 candidates applied for the position of director CPA but none qualified for shortlisting.
Then after, the above meeting resolved that for director CPA, the parliamentary commission should undertake a head-hunt taking into account the procurement guidelines. The following names were proposed for consideration.
Onapito Ekomoloit
Chris Obore
Daniel Kalinaki
Charles Mwanguhya
The meeting also resolved that members should continue to consult and think of other names.
According to minute extract of min. 40/2015 15 on presentation, consideration and adoption of the report of the sub-committee on human resource at the 41st parliamentary commission meeting held on April 17, 2015, in the Speaker’s board room, at 10 am where members’ presents were:
Rebecca Kadaga, Speaker/chairperson
Jacob Oulanyah Deputy Speaker,
Gen. Moses Ali, representing PM/leader of government business
Roland Mugume representing Leader of Opposition in parliament
Rosemary Sseninde, parliamentary commissioner
William Wilson Nokrach, parliamentary commissioner
Ronald Reagan Okumu , parliamentary commissioner
Rose Akol Okullu, parliamentary commissioner
Those in attendance
Jane L. Kibirige-Clerk to parliament
Paul G. Wabwire Deputy Clerk, corporate affairs
Benson Onzi Masereka Assistant Director/Minute secretary while Fred Jachan Omach was absent with apology.
The above meeting observed that the recruitment of director CPA, the meeting requested the backbench commissioners and clerk to interact with the proposed individuals who include:
Onapita Ekolomoit
Chris Obore
Daniel Kalinaki
Charles Mwanguhya
Dr. Peter Mwesige
The committee further said that any of the above can take up the job or at least advise on other possible candidates.
Basing on the recommendation for backbench commissioners to interact with the above proposed names, subsequently, on May 20, 2015, Clerk to Parliament, Jane Kibirige wrote to them inviting them for an interface with the parliamentary commission.
“The Parliamentary Commission expressed interest in filling the position of Director Communication and Public Affais and placed adverts in the newspapers.
You have been identified as one of those persons whom the Parliamentary Commission seeks to interact with. You are therefore invited to interface with the commissioners on Thursday May 21, 2015 at 10 am at the Speaker’s board room 5th floor North Wing” reads one of the letter that was sent to all those identified by the commission.
In the subsequent meeting, the commission was informed that all the above identified persons where contacted and interested with but only two of them, namely Charles Mwanguhya and Chris Obore expressed interest in the position.
A parliamentary Commission interview panel was formed and was comprised of:
William Wison Nokrach –chairman
Rose Akol Okullu-member
Rosemary Sseninde-member
Wafula Oguttu-LoP/member
Jane Kibirige/clerk to parliament-member
Henry Rugamba-president PRAU-member
Dison B. Okumu-caretaker HR department-member.
Two candidates, Chris Obore and Charles Mwanguhya were interviewed by the panel on behalf of the committee with Obore scoring 77.86 while Mwanguhya scored 67.00.
According to the recommendation sheet, “The committee noted that both candidates scored above the pass mark of 60 per cent and therefore qualifies for the job. However, based on the ranking of the scores, the committee hereby recommends to the parliamentary commission that Mr. Chris Obore Ariko, who is ranked first should be offered appointment to the post of director CPA in the parliamentary service with effect from date of assumption of duty” reads scorecard.
The commission also noted that Ms Helen Nanteza Kawesa had been recommended as a suitable candidate for appointment to the post of director CPA but the meeting observed that Ms Kawes’s performance had generally been wanting as she failed to defend and promote the image of the institution of parliament.
“It was noted that her performance has been characterized by; lack of pro activity, lack of assertiveness to manage staff to fulfil the division’s goals and lack of appreciation of financial management procedures and processes. The meeting therefore rejected the recommendation for promotion of Ms Kawesa”.
The department of CPA was established in the parliamentary service during the restructuring exercise of 2012 and since then the process had been ongoing to recruit the director.
Its on this note that on March 22nd 2019, Obore ran to the Civil Division of High Court seeking an injunction restraining the Parliamentary Commission from implementing the Clerk’s decision to terminate his employment until the matter is determined.
Through his lawyers of Kampala Associated Advocates, Obore says there is an eminent threat by parliament implementing the disputed decision yet his matter has a high chance of success, should court fail to grant him the reliefs he is seeking.
The application is backed by Obore’s affidavit, in which he explains that he was formerly employed in the Capacity of Director CPA in the Parliamentary service on August 19th, 2015. He also attaches a letter confirming his appointment to that position as part of the evidence he intends to use to back his petition.
Obore explains that in May, 2015 he received a letter informing him that the Parliamentary Service Commission had expressed interest in filling the position of Director CPA.
According to Obore, he was informed through the said letter that he had been identified as one of the potential candidates being considered by the Commission and that he would be invited for ‘interaction’ over the same.
He explains that in June 2015 he expressed interest in filling up the said position and subsequently appeared before the Commission for an interview.
“That subsequently, I received a letter dated August, 19th, 2015 from the office of the clerk to parliament informing me that the commission under minute number PC (Parliamentary Commission) 93/15(1) directed that I be offered appointment on probation as Director CPA in the Parliamentary Service”, the affidavit reads partly.
According to Obore, he accepted the appointment on August 21, 2015 and was successfully confirmed. He argues that he was never accorded a right to fair hearing to defend himself before the Parliamentary Service Commission or any other relevant body prior to the decision to terminate his services.
Obore explains that he has been advised by his lawyers that the Clerk made the decision in excess of her powers and that the decision is illegal and irregular.
‘That I will suffer from irreparable damages unless the respondent and its agents or servants are restrained from implementing the impugned directive or decision”, Obore’s affidavit reads.
He now wants court in the interest of justice and fairness’s to grant his prayers. Court is yet to hear the application.
Court has thus set April 10 as the date for the hearing of the case being assigned to Lady Justice Harriet Waloyo in the High Court.
In the advertisement notice, the applicant should have had a minimum of ten years in public service, Honors Degree in Mass Communication, Communication Studies, Journalism or Arts with Communication and Public Relations and Master’s Degree.
By the time of his employment Obore only had a Bachelor’s Degree in Mass Communication from Islamic University in Uganda (IUIU). He only graduated with a Master’s Degree in Public Policy and Governance in May 2018 long after the IGG’s investigations had commenced.
Additional info: Eagle Online
