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