Dr. Nalwoga and 40 Others v Makerere University and Another (Miscellaneous Cause No. 1 of 2021)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that the appointment of Prof. Nakanjako as Principal of the College of Health Sciences was illegal, irrational and procedurally improper. The court found that the requirement of a PhD qualification was contrary to the university's Human Resource Manual which exempts clinical scholars, the amendment of the statute after the recruitment commenced was illegal, and the search committee unfairly eliminated candidates. The appointment was quashed and a fresh process was ordered.

Outcome

Appointment of Principal quashed; fresh appointment process ordered

Facts

Dr. Hawa Nalwoga and 40 others, senior staff members of Makerere University's College of Health Sciences, challenged the appointment of Prof. Damalie Nakanjako as Principal. Makerere advertised the position on 26 September 2019 requiring a PhD qualification and four years of managerial experience. After the recruitment commenced, the university amended its statute on 31 January 2020 to give the search committee discretion to identify up to five candidates instead of the mandatory five. The applicants petitioned the University Council on 24 February 2020 challenging the process as arbitrary and discriminatory against clinical scholars who under existing HR policy were exempt from PhD requirements. Prof. Moses Joloba was eliminated on grounds of lack of integrity without proper inquiry. The 2nd Respondent was appointed despite allegedly lacking the required four years of managerial experience and while the petition was pending.

Issues

1. Whether this is a proper case for judicial review
2. Whether the recruitment process of the 2nd Respondent as Principal of the College of Health Sciences was illegal, irrational and procedurally improper

Orders

• A Declaration that the appointment of the 2nd Respondent as Principal of the College of Health Sciences during the pendency of the Applicants' petition against the process of appointment was illegal, irrational and procedurally improper.
• A Declaration that the requirement of a PhD or other academic Doctorate as qualification for the position of Principal of the College of Health Sciences and the elimination of candidates in the clinical disciplines on that ground was irrational, illegal, null and void.
• An order of Certiorari issued to call for and quash all the proceedings, report and decision of the search Committee, the Senate, the University Council and the Chancellor leading to the appointment of the 2nd Respondent as the Principal of the College of Health Sciences.
• A Declaration that the amendment of the Universities and other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute, 2012 by the 1st Respondent after commencement of the impugned recruitment process was illegal, irrational, procedurally improper, null and void.
• An order of Mandamus issued directing the 1st Respondent to conduct a fresh process of appointing the Principal for the College of Health Sciences in accordance with well laid down laws and procedures while bearing in mind the provisions of its Human Resource Manual.
• The 1st Respondent to pay costs of the application.

Rules and key headnotes

Legislation cited (18)

• Judicature Act Cap 13 s.36
• Judicature (Judicial Review) Rules 2009 r.3
• Judicature (Judicial Review) Rules 2009 r.6
• Judicature (Judicial Review) Rules 2009 r.7
• Judicature (Judicial Review) (Amendment) Rules 2019 r.3A
• Judicature (Judicial Review) (Amendment) Rules 2019 r.7A
• Universities and Other Tertiary Institutions Act 2001 s.29(2)(a)
• Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 s.13
• Universities and Other Tertiary Institutions (Management of Constituent Colleges of Makerere University) Statute 2012 s.15
• Constitution of Uganda Objective 11(i)
• Constitution of Uganda art.20
• Constitution of Uganda art.28
• Constitution of Uganda art.29
• Constitution of Uganda art.42
• Interpretation Act Cap 3 s.14
• Interpretation Act Cap 3 s.16
• Interpretation Act Cap 3 s.17(1)(a)
• Civil Procedure Rules O.15 r.5(1)

Cases cited (27)

• Lex Uganda Advocates v Attorney General (Miscellaneous Cause No. 123 of 2017)
• Twinamstsiko Elly v Makerere University Council and 2 Others (Miscellaneous Cause No. 233 of 2009)
• R v Lancashire County Council, ex parte Huddleston [1986] 2 All ER 941
• Paul K. Ssemogerere and Others v Attorney General (Supreme Court Civil Appeal No. 1 of 2002)
• Uganda National Dairy Traders Association v Attorney General (Miscellaneous Cause No. 113 of 2015)
• Gandesha v Lutaya (Supreme Court Civil Appeal No. 14 of 1989)
• Majibu Sebyara v Attorney General (High Court Miscellaneous Cause No. 163 of 2016)
• Nambowa Rashida v Bavekuno Mafumu, Godfrey Kyeswa and Another (Election Petition Appeal No. 69 of 2016)
• Kasingye Emmanuel v Genevieve Kasingye (Civil Appeal No. 96 of 2014)
• Uganda National Dairy Traders Association v Dairy Development Authority and Another (Miscellaneous Cause No. 113 of 2015)
• Town Council of Kikuyu v The National Social Security Fund Board of Trustees, Nairobi High Court Judicial Review Case No.81 of 2013
• R v Chief Justice of Kenya & 6 Others, ex parte Moijo Mataiya Ole Keiwua, Nairobi HCMA 1298 of 2004
• Bwowe Ivan and Others v Makerere University (Miscellaneous Cause No. 252 and 265 of 2013)
• David M Nyende v Institute of Certified Public Accountants of Uganda (Miscellaneous Application No. 33 of 2014)
• De Souza v Tanga Town Council [1961] EA 377
• National Drug Authority and Another v Nakachwa Florence Obiocha (Civil Appeal No. 281 and 286 of 2017)
• Fuelex Uganda Ltd v Attorney General and Others (Miscellaneous Cause No. 48 of 2014)
• Dr. Daniel K.N. Semambo v National Animal Genetic Resource Centre (Miscellaneous Cause No. 30 of 2017)
• Mrs. Geraldine Sail Busuulwa v National Social Security Fund and Another (High Court Miscellaneous Cause No. 32 of 2016)
• Thugitho Festo v Nebbi Municipal Council (High Court Miscellaneous Application No. 15 of 2017)
• Ojangole Patricia and 4 Others v Attorney General (High Court Miscellaneous Cause No. 303 of 2013)
• Council of Civil Service Union v Minister for Civil Service [1985] AC 374
• Ignatius Loyola Malungu v Inspector General of Government (Miscellaneous Cause No. 59 of 2016)
• Massa v Achen [1978] HCB 297
• Jotham Welamondi v Chairman of the Electoral Commission of Kenya (2002) Klr 486
• General Medical Council v Spackman [1943] AC 627
• SGS Societe General de Surveillance SA v PPDA and Another (Miscellaneous Application No. 43 of 2011)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Gitta James and 3 Others v Kato William Kasirye t a the Administrator of the Estate of the late Kupriano Kasirye and Another (Miscellaneous Cause No. 54 of 2025)

The original judgment as reported. Read the original PDF before relying on any passage.