Wakilii

Sekasi v Kyambogo University (MISC. CAUSE NO. 25 OF 2017)

High Court · [2017] UGHCCD 107 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of prohibition and mandamus
Decision
Application granted — writ of mandamus and injunction issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Appointments Board acted within its powers to commence recruitment but acted unfairly by proceeding before the Kyambogo University Staff Tribunal determined the applicant's pending appeal. The tribunal breached its statutory duty under section 57(2) of the Universities and Other Tertiary Institutions Act by failing to decide the appeal within 45 days. A writ of mandamus issued compelling the tribunal to hear and determine the appeal within 45 days and an injunction issued stopping recruitment until determination of the appeal.

Outcome

Application granted — writ of mandamus and injunction issued

Facts

The applicant served as acting deputy academic registrar at Kyambogo University for 30 months, exceeding the Public Service Regulations period of six months renewable once. When the respondent advertised the position, the applicant was not shortlisted for interviews. She appealed to the Kyambogo University Staff Tribunal on 25 April 2016. The tribunal sat on three occasions but did not hear her application for an interim order. Meanwhile, interviews were scheduled for 9 February 2017. Before the tribunal determined her appeal, the applicant filed an application for judicial review and obtained an interim order stopping the recruitment process.

Issues

  1. Whether the respondent acted ultra vires when it commenced recruitment of deputy academic registrar when there was a pending appeal before KYUST?
  2. Whether the respondent should be compelled to call the Tribunal to dispose of the applicant's pending appeal?
  3. What remedies are available to the applicant?

Orders

  • A writ of mandamus will issue compelling the Kyambogo University Staff Tribunal (KYUST) to hear and determine the applicant's appeal within 45 days from the date of this order.
  • An injunction shall issue stopping recruitment for the position of deputy academic registrar until the determination of the appeal pending before the tribunal but not later than 45 days from the date of this order.
  • Thereafter, the applicant will have recourse to courts of law if there is non-compliance.
  • Each party will bear its own costs as the applicant and respondent are still in an employee/employer relationship.

Rules and key headnotes

Administrative Law — Judicial Review — Grounds for Review — Procedural Unfairness
Where an applicant appeals to a statutory tribunal against an administrative decision and that tribunal fails to decide the appeal before the administrative body proceeds to implement the decision, the administrative body acts with procedural unfairness that entitles the applicant to relief in judicial review.
Employment & Labour — University Staff Appeals — Statutory Time Limits — Breach of Duty
A university staff tribunal established under section 56(1) of the Universities and Other Tertiary Institutions Act is under a statutory obligation under section 57(2) to take a decision on a staff member's appeal within 45 days of lodging the appeal, and failure to comply constitutes a breach of statutory duty.
Administrative Law — Remedies — Mandamus — Compelling Performance of Statutory Duty
Where a statutory tribunal derives its mandate from statute and fails to perform its statutory duty within the prescribed time, the High Court will issue a writ of mandamus directing the tribunal to perform its statutory duty.
Administrative Law — Remedies — Injunction — Stopping Administrative Action Pending Appeal
Where a recruitment process is commenced unfairly before determination of a pending appeal by the affected party, an injunction will issue to stop the recruitment process until the appeal is determined, to prevent prejudice to the appellant.
Administrative Law — Damages — Judicial Review — No Damages Where No Cause of Action in Ordinary Suit
Under rule 8 of the Judicial Review Rules, the court may award damages if the claim arises from the matter to which the application relates and if the applicant would have succeeded in an ordinary suit. Where the claim for general damages could not have succeeded in an ordinary suit and there is no nexus between the claim and the specific complaint, damages will be refused.

Legislation cited (9)

  • Constitution of Uganda Article 28
  • Constitution of Uganda Article 42
  • Universities and Other Tertiary Institutions Act 7 of 2001 s.56
  • Universities and Other Tertiary Institutions Act 7 of 2001 s.57
  • Universities and Other Tertiary Institutions Act 7 of 2001 s.56(1)
  • Universities and Other Tertiary Institutions Act 7 of 2001 s.57(2)
  • Universities and Other Tertiary Institutions Act 7 of 2001 s.57(3)
  • Judicature Act s.33
  • Judicial Review Rules 2009 rule 8

Cases cited (2)

  • Mugabi Edward v Kampala District Land Board (Miscellaneous Cause No. 18 of 2012)
  • Lawrence Nuwagira v Public Service Commission and Others (Miscellaneous Application No. 55 of 2009)

Full judgment

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

Sekasi Vs Kyambogo University (MISC. CAUSE NO. 25 OF 2017) [2017] UGHCCD 107 (16 June 2017)
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.