Wakilii

Mugisha v Makerere University (Miscellaneous Cause 34 of 2023)

High Court · [2023] UGHCCD 328 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review writs challenging suspension from university and removal from graduation list
Decision
Application dismissed for failure to exhaust internal remedies

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for judicial review was premature. The applicant had not exhausted internal remedies available under Makerere University's anti-sexual harassment framework. The remedies were clearly stated, not unreasonably delayed, not unfair, and capable of addressing the wrongs complained of. A suspension pending investigation is a temporary measure, not a disciplinary sanction, and the right to be heard is triggered during the inquiry stage by the University Students Disciplinary Committee, not during the investigation stage by the ad hoc committee. Application dismissed.

Outcome

Application dismissed for failure to exhaust internal remedies

Facts

Mugisha Douglas Alison was a fourth-year law student at Makerere University due to graduate on 13 February 2023. He was accused of sexually harassing a female student by posting her photographs on social media, contrary to university regulations. On 13 April 2022, Mugisha appeared before the Vice Chancellor's ad hoc committee. On 9 May 2022, he denied the allegations and requested evidence, which was not provided. On 16 January 2023, the Vice Chancellor suspended Mugisha pending referral to the University Students Disciplinary Committee. Mugisha discovered on 7 February 2023 that his name had been removed from the graduation list. He filed this application for judicial review challenging the suspension and removal from the graduation list without first attending the scheduled USDC hearing.

Issues

  1. Whether the applicant had exhausted internal remedies before seeking judicial review.
  2. Whether the suspension of the applicant pending investigation was procedurally improper or manifestly unfair.
  3. Whether the applicant's right to fair hearing and natural justice was breached by the suspension.

Orders

  • Preliminary objection allowed.
  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Review — Exhaustion of Local Remedies — Premature Applications
An applicant seeking judicial review must exhaust all available internal remedies before approaching the High Court unless no remedies exist, the available procedure is unduly delayed, the procedure is unfair, or the available remedies cannot remedy the wrong complained of.
Administrative Law — University Disciplinary Procedures — Suspension Pending Investigation
A suspension of a student pending investigation is a temporary measure, not a disciplinary sanction, and does not trigger the constitutional right to be heard. The right to fair hearing is engaged during the inquiry stage by the disciplinary committee, not during the preliminary investigation by an ad hoc committee.
Administrative Law — Exhaustion of Remedies — Flexible Approach
Courts adopt a flexible approach to the rule on exhaustion of local remedies to facilitate access to justice, but will require exhaustion where remedies are clearly available, not unreasonably delayed, not unfair, and capable of addressing the wrongs complained of.

Legislation cited (9)

  • Constitution of Uganda articles 28, 42, 44, 50
  • Civil Procedure Act Cap 71 s.98
  • Judicature Act Cap 13 ss.33, 38
  • Judicature (Judicial Review) Rules S.I No 11 of 2019 Rule 8
  • Judicature (Judicial Review) Rules Rule 7A
  • Makerere University Policy and Regulations against Sexual Harassment 2006 as amended Regulation 2(17)
  • Makerere University Policy and Regulations against Sexual Harassment 2006 as amended Regulation 17
  • Makerere University Policy and Regulations against Sexual Harassment 2006 as amended Clause 19(c)
  • Makerere University Policy and Regulations against Sexual Harassment 2006 as amended Clause 27(a)

Cases cited (3)

  • Microcare Insurance Limited v Uganda Insurance Commission (Miscellaneous Cause No. 218 of 2009)
  • Classy Photo Mart Limited v Commissioner Customs Uganda Revenue Authority (Miscellaneous Cause No. 30 of 2009)
  • Barungi Chris v Attorney General (Miscellaneous Cause No. 180 of 2022)

Full judgment

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

Mugisha v Makerere University (Miscellaneous Cause 34 of 2023) [2023] UGHCCD 328 (24 October 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.