Wakilii

Asiimwe v Makerere University (Miscellaneous Application 163 of 2022)

High Court · [2023] UGHCCD 409 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review under section 57(3) of the Universities and Other Tertiary Institutions Act 2001 challenging the decision of Makerere University Staff Appeals Tribunal which upheld the Appointments Board's dismissal of the applicant
Decision
Application for judicial review dismissed; dismissal from university service upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for judicial review, holding that the Staff Appeals Tribunal observed all rules of natural justice and that the applicant received fair treatment in both the Appointments Board and the Staff Appeals Tribunal. The court found that the applicant was given notice of the hearing on 11th December 2018, was accorded an opportunity to be heard, and that the tribunal's decision to uphold the dismissal was logical and rational. The court upheld the decision of the Staff Appeals Tribunal dismissing the applicant from university service.

Outcome

Application for judicial review dismissed; dismissal from university service upheld

Facts

The applicant, Dr. Denis Asiimwe, was an assistant lecturer at Makerere University's Human Rights and Peace Center. He was suspended on 8th January 2014 on allegations of receiving bribes from students and abscondment from duty. Following a court order in Miscellaneous Cause No. 26 of 2015, the matter was referred to the Appointments Board. The applicant was served with a charge sheet on 19th November 2018 and appeared with his lawyer on 27th and 29th November 2018. The matter was adjourned to 11th December 2018. The applicant claimed he was not served with a hearing notice for that date. The Appointments Board proceeded ex parte on 11th December 2018 and dismissed the applicant from service with retrospective effect from 15th January 2014. The applicant appealed to the Staff Appeals Tribunal, which took three and a half years to deliver its ruling on 6th July 2022, upholding the dismissal. The applicant then sought judicial review of both decisions.

Issues

  1. Whether the decision of the Respondent's Appointments Board to dismiss the Applicant was tainted with illegality, irrationality or procedural impropriety warranting judicial review.
  2. Whether the Applicant was accorded a fair hearing before the Appointments Board.
  3. Whether the failure to serve the Applicant with hearing notices for the 11th December 2018 hearing violated his right to a fair hearing.
  4. Whether the failure to avail the alleged audio recordings to the Applicant violated his right to a fair trial.
  5. Whether the Staff Appeals Tribunal's decision to uphold the Appointments Board's decision was lawful.
  6. Whether the Staff Appeals Tribunal's delay of three and a half years in delivering its ruling rendered the decision illegal.

Orders

  • The application is hereby dismissed.
  • The decision of the Respondent Staff Appeals Tribunal is upheld.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Grounds for Review — Illegality, Irrationality and Procedural Impropriety
To succeed in an application for judicial review, the applicant must show that the decision or act complained of is tainted with illegality, irrationality or procedural impropriety. Judicial review is concerned not with the decision per se but with the decision-making process, and involves an assessment of the manner in which a decision is made.
Administrative Law — University Disciplinary Proceedings — Right to Fair Hearing
Where a university staff member is given notice of allegations, served with a charge sheet, granted sufficient time to prepare a defence, and accorded an opportunity to appear before an impartial committee, the requirements of a fair hearing are satisfied even if the staff member chooses not to attend the hearing.
Employment & Labour — University Staff Appeals — Scope of Judicial Review under Section 57 Universities Act
An appeal to the High Court under section 57 of the Universities and Other Tertiary Institutions Act 2001 from a decision of the University Staff Appeals Tribunal is a form of judicial review. The court's role is supervisory, examining whether the tribunal observed the rules of natural justice and whether its decision was tainted with illegality, irrationality or procedural impropriety.

Legislation cited (14)

Cases cited (9)

  • Sigilani v Republic (2004) 2 KLR 480
  • Juma & Ors v Attorney General of Kenya (2003) 2 EA 461
  • Kanabahita v Makerere University & 2 Others (Miscellaneous Cause No. 92 of 2014)
  • Owor Arthur & 8 Others v Gulu University (Miscellaneous Cause No. 18 of 2007)
  • Twinomuhangi v Kabale District & Others (2006) HCB Vol 1 130
  • Pastoli v Kabale District Local Government Council & Others [2008] 2 EA 300
  • Arua Kubala Park Operators and Market Vendors' Cooperative Society Limited v Arua Municipal Council (Miscellaneous Cause No. 3 of 2016)
  • Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223
  • Asiimwe v Makerere University & Another (Miscellaneous Cause No. 26 of 2015)

Full judgment

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Asiimwe v Makerere University (Miscellaneous Application 163 of 2022) [2023] UGHCCD 409 (4 August 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.