NCHE has no powers to order varsity to cancel degree-Court rules in Joho's controversial case

PRESS RELEASE

“Ugandan Judge quashes decision of the National Council Of Higher Education in Joho‘s degree case”

The Ugandan High Court has today, the 20^th of October, 2014 in Miscellaneous Cause No. 53 of 2014: Kampala University=Vs= National Council For Higher Education declared the decision of the National Council of Higher Education of Uganda of 30^th April, 2014 that purported not to recognize the degree of Mombasa Governor Hassan Ali Joho as a nullity. The degree was awarded by Kampala University, Uganda. Justice Stephen Musota sitting in Kampala while delivering the Judgment criticized the National Council of Higher Education for giving in to external pressures in arriving at its decision.

The learned Judge held that the National Council of Higher Education had no jurisdiction to recall or not to recognize whether directly or indirectly individual degrees awarded by any University in Uganda. The Judge held that the power to do is vested in a University Senate under the provisions of the Universities and other Tertiary Institutions Act, 2001.

According to Dennis Mosota Joho’s Nairobi lawyer the judgment has far reaching effects beyond their case.

“To us, beyond vindicating Hon. Joho’s degree, this is a very profound and far reaching decision as far as the regulatory powers of the National Council for Higher Education are concerned. The Judgment affirms the academic independence of individual institutions of higher learning as well as bolsters the independence of University organs such as the University Senate as well as the University Council”.

The Judge took issue in the manner in which the National Council of Higher Education conducted the proceedings. He condemned the practice of public officials sitting behind their desks and trampling on the guaranteed rights of private citizens without giving them a right to be heard.

Early in the year on 30th of April, 2014 at a Special Council Meeting the National Council of Higher Education passed a resolution to the effect that “There was no clear evidence that academic due process was followed from admission to graduation regarding a Bachelor of Business Administration Decree (Human Resource Management Option) awarded to MR. HASSAN ALI JOHO by Kampala University. And therefore, the Council resolved that it did not recognize the Bachelor of Business Administration degree awarded to MR. HASSAN ALI JOHO by Kampala University on 28^th February 2013”.

In today’s land mark judgment, the Judge having found that the decision of the National Council for Higher Education was reached ultravires; in contempt of a Court Order and without giving any of the affected parties an opportunity of being heard, contrary to the rules of Natural Justice, made the following orders:

a.      An order of certiorari quashing the decision of the Council reached on 30^th April, 2014.

b.      order of prohibition prohibiting the Respondent from using, disseminating and/or in any other manner whatsoever, using the decision contained in the resolution of 30^th April, 2014 in any manner inimical to the interests of the Applicant in respect of the degree of Bachelor of Business Administration awarded to Hassan Ali Joho, as expressed in the resolution aforesaid or any other manner thereto ejusdem generis.

c.       An order of permanent injunction issues restraining the Respondent from interfering in any way with the Applicant’s grant of the subject degree to HASSAN ALI JOHO

d.      The Judge also awarded costs of the Application to be borne by the National Council for Higher Education

Ends

GPS

Mombasa County

For Further information please contact:

Ms. Esther Ingolo

Director Governor’s Press Service

Email: e.ingolo@gmail.com

Opposition struggles to reconcile Lukwago with Kidandala

Opposition struggles  to reconcile

Lukwago with Kidandala

KAMPALA.The opposition members last week convened a closed -door meeting where they discuss means of how they can reunite embattled Kampala Lord Mayor with his deputy Sulaiman Kidandala.

Mr Erias Lukwago fallen out with Mr Kidandala last month, with the latter accused of plotting to oust the former from City Hall, home of the Kampala Capital City Authority.

The meeting took place at Katonga road at the offices of the   For God and my Country (4GC) pressure group, last Wednesday and the former Forum for Democratic Change Dr Kizza Besigye reportedly chaired the meeting.

It was reportedly attended by Dr Besigye, Ibrahim Ssemujju, Ingrid Turinawe, Mr Asuman Basalirwa; Moses  Kasibante, Democratic Party spokesperson Mr Kenneth Kakande, Kawempe Division Mayor Mubarak Munyagwa and Kampala Disctrict DP chairperson  Vincent Mayanja.

Although the meeting’s main agenda, according to officials, was to find mechanisms to reconcile Lukwago and Kidandala, members also reportedly listened to recordings of the Kayihura tapes.

It is alleged that some members after listening to the one and half hour recordings, they disagreed on what action to take against Kidandala.

“Some members suggested that the opposition summon Kidandala to a meeting which will be attended by Mr Lukwago,” the source said. “However, others suggested that they launch a smear campaign against Kidandala, but Ssemujju and Basalirwa contested this proposal arguing that the opposition would look like targeting an individual and could split the unconsolidated opposition even more.,” the source said.

Mr Ssemujju , who attended the meeting said a number of issues were discussed in the meeting.

“We discussed a number of issues including a discussion on Kidandala, but we never discussed anything to do with a smear campaign against him, it not true,” Mr Ssemujju said in a telephone interview.

Dr Besigye yesterday was not available for a comment, however, he told Daily Monitor’s Erias Mukiibi on Saturday night that the meeting took place, but could not discuss details of the meeting as he was a central player in the discussion.

When asked about the meeting, Mr Lukwago said he did not attend it, however, recently at press briefing where he sacked Kidandala, Lukwago said he would give him a second chance to reform.

Kidandala said he had heard some rumours about the meeting, but refused to comment on what he heard, despite that he earlier in an interview with newspaper, said he had no interest in taking up the Lord Mayor’s seat.

Mr Basalirwa said details of the meetings will be communicated at a press conference slatted for tomorrow ( Wednesday).

Background

There have been some reports that Kidandala was likely to be installed as Lord Mayor at a meeting convened by KCCA executive director Jennifer Musisi in Entebbe, but this never came to pass . Similar allegations have been made that Kidandala was set to chair the forum of Mayors who converged recently in Kampala.