New UNBS Boss Nkamwesiga in Tears as Museveni Government Lawyer ‘Cancels’ His Appointment

Deputy Attorney General, who deputizes AG Kiryowa Kiwanuka as deputy principal legal advisor or government lawyer to President Yoweri Kaguta Tibuhaburwa Museveni’s government, wants the Ministry of Trade, Industry, and Cooperatives to reconsider its decision to appoint James Nkamwesiga Kasigwa as the executive director of Uganda National Bureau of Standards (UNBS).

UNBS is a government agency responsible for developing, promotion and enforcement of national standards in a bid to protect the health and safety of the public and the environment against harmful and sub-standard products; as well as promoting fair trade practices and competition.

But Kafuuzi’s recent criticism indicates that the Minister of Trade, Industry, and Cooperatives fell short in following the standard procedures in the appointment of Nkamwesiga as the new Executive Director of the Uganda National Bureau of Standards.

Effective May 13, 2024, Francis Mwebesa, the Minster of Trade, Industry and Cooperatives, appointed Eng Nkamwesiga as the fifth (5^th) Executive Director of the Uganda National Bureau of Standards.

Nkamwesiga is a holder of a Bachelor of Science degree in Electrical Engineering from Makerere University, a Bachelor’s degree in Computer Engineering and a Master’s of Science degree in Telecommunication from London South Bank University, London, United Kingdom and a Master’s degree in Business Administration from ESAMI.

Nkamwesiga was previously at the Ministry of Science, Technology and Innovation where he served as the Director Science, Technology, Innovation Regulation and Biosafety. Before joining the Ministry of Science Technology and Innovation, he was the Commissioner in charge of ICT Infrastructure Development at the Ministry of ICT and National Guidance.

But Kafuuzi has told the minister to cancel Nkamwesiga’s appointment said the process in which it was made flouted the laws. Kafuuzi’s letter offering his opinion on the now controversial appointment was prompted by a petition filed by George Ahimbisibwe.

Represented by Wanambugo & Company Advocates, petitioner Ahimbisibwe relied on the results of interviews – a psychometric test, a written technical test, a PowerPoint presentation and an oral interview – done before the board recommended Nkamwesiga for an appointment to replace interdicted executive director David Livingstone Ebiru.

According to the results, Nkamwesiga was number three overall but he was recommended and eventually appointed ahead of two best performing candidates yet the rules, according to Kafuuzi, should have favoured the best two performers.

Overall, Fortunate Muyambi Benda scored 79.9 per cent to emerge the best candidate, followed by Apollo Segawa with 79.25 per cent, Nkamwesiga with 63.12 per cent, Basil Ajer with 61.46 per cent, Samson Akankiza Mpiira with 60.46 per cent, while Joachim Charles Nkwanga trailed with 46.74 per cent.

In recommending third-placed Nkamwesiga as their preferred candidate for the appointment, the UNBS Council explained that the different tests and interviews should be considered in a wholesome manner and that no assessment should be looked at in isolation from the others.

To the Council, the overall score which is above the cut off of 60 per cent “should be considered as a good basis for recommending a candidate for further consideration.” This was the basis for the appointment of Nkamwesiga as UNBS ED.

A few days after Minister Mwebesa appointed Nkamwesiga as executive director, Kafuuzi and the office of the Attorney General demanded that the permanent secretary of the ministry of trade, industry and cooperatives submits a report on the assessments – tests and interviews – to him so as to enable him offer his legal advice in light of the petition against Nkamwesiga’s appointment.

Having looked at the report on the interviews that led to the appointment of Nkamwesiga, Kafuuzi ruled that the appointment flouted provisions of the UNBS Act. Kafuuzi further noted that having studied the report, he had observed that the 9^th National Standard Council recommended to the minister the best two candidates as per the report.

“This means that there is no recommendation of James Nkamwesiga Kasigwa to the minister because the recommendation was in regard to the best two candidates,” Deputy Attorney General Kafuuzi wrote to the Minister of Trade, Industry and Cooperatives.

In his view Kafuuzi reminded the minister that before its amendment in 2013, the UNBS Act gave the minister powers to appoint the bureau’s executive director but the changes in the law mean that the minister must pick the ED from the two names recommended by the board or council after conducting a thorough assessment on the capability of candidates who have expressed interest in the job.

In his letter, Kafuuzi made it clear that the office of the Attorney General strongly believes that “the replacement of Section 11 of the Uganda National Bureau of Standards Act, Cap. 327 in the 2013 Amendment of the Act must have been intended to cure a given mischief” where there are no checks and balances in the process of appointment.

He also advised the trade minister “to pay strict adherence to the law as it stands,” meaning that Nkamwesiga’s appointment contravenes the law (the UNBS Act) and should be rescinded to allow a new ED to be chosen from the two best candidates.

In 2023, Parliament’s Cosase committee unearthed the rot at UNBS. Then ED Ebiru and Board Chairman Musekura were engaged in a bitter exchange where the Executive Director accused the Board Chairman of spying on him. In turn, the Board accused Ebiru of being a corrupt official and of irregularly awarding a juicy multi-billion deal to a ghost Chinese company. In May 2024, Ugandans were left in shock as Candidate Nkamwesiga who came third in interviews was appointed the UNBS ED to replace Ebiru who was fired over corruption. (Read Stories Here, There and Over There).