By Fred Yiga
High Court says the process must wait until the former chief executive’s challenge against the Board’s decision is heard.
The High Court Civil Division has stopped the Insurance Regulatory Authority of Uganda from completing the appointment of a substantive Chief Executive Officer until a case filed by former CEO Ibrahim Lubega Kaddunabbi is heard and determined.
Justice Joyce Kavuma issued the interim injunction in Miscellaneous Application No. 423 of 2026, arising from Kaddunabbi’s challenge against the Insurance Regulatory Authority and Dr Nkote Isaac Nabeta, the former chairperson of the IRA Board.
Kaddunabbi went to court after the IRA Board declined to recommend him to the Minister of Finance, Planning and Economic Development for reappointment as Chief Executive Officer.
His five-year contract started on 1 June 2021 and expired on 31 May 2026. He argued that although the contract had ended, he was eligible for reappointment for a second five-year term under the Insurance Act and the Authority’s Human Resource Management Manual.
Kaddunabbi told court that the Board made its decision on 16 February 2026 without according him a fair hearing.
He asked court to restrain the IRA and its Board from implementing the decision not to recommend him for renewal until his main application for a temporary injunction is determined.
He also argued that the actions taken after the expiry of his contract threatened his right to a fair and just process.
The IRA opposed the application, saying Kaddunabbi’s contract had expired by time and there was no running contract for court to preserve.
The Authority also told court that the Minister of Finance had appointed Dr Sande Protazio as Acting Chief Executive Officer effective 1 June 2026.
The respondents argued that eligibility for renewal did not create an automatic right to another contract and that the court should not use an interim order to revive an expired employment contract.
They also said the balance of convenience was against granting the orders sought, since an acting CEO was already in office.
Justice Kavuma, however, rejected the argument that the matter had been overtaken by events.
The judge held that although Kaddunabbi’s contract had expired and an Acting Chief Executive Officer had been appointed, the process of filling the position substantively had not been completed.
Court noted that the Minister had not yet acted on the Board’s recommendation, meaning the statutory process was still ongoing.
Justice Kavuma found that the steps taken from 1 June 2026 posed a real threat to Kaddunabbi’s right to a fair and just process.
She said failure to restrain the process could render the main application useless.
The court, however, declined to reverse what had already happened, including the appointment of the acting CEO.
Justice Kavuma said an injunction cannot be used at this stage to undo the current position before court makes a final decision in the matter.
This means Dr Sande remains Acting Chief Executive Officer for now, but the IRA cannot proceed to appoint a substantive CEO until Kaddunabbi’s case is heard and determined.
The court also declined to summarily determine allegations of contempt raised by Kaddunabbi’s lawyers against the respondents.
Justice Kavuma said the alleged acts were said to have happened outside the presence of court and would require a separate application, where the respondents would be given an opportunity to defend themselves.
The ruling keeps the dispute over the leadership of the Insurance Regulatory Authority alive, with the main question now being whether the Board acted lawfully and fairly when it declined to recommend Kaddunabbi for another term.
