The High Court in Kampala has dismissed a case in which over forty Kyambogo University students sought to halt the graduation.

This means the graduation which is slated for September 21, will go on as scheduled. 

On Friday, Principal Judge Flavian Zeija dismissed the case on grounds that the accompanying affidavit was never sworn before the commissioner of oath making them inadmissible under the law.

Principal Judge Flavian Zeija

This was after counsel Cyrus Baguma who represented the University informed court that the authenticity of the affidavit which was deponed by Moses Alepeyi did not fulfil the required legal standard.

The judge also dismissed the case with no orders to costs.

Early this week, the group led by Kenneth Masereka filed the suit at the Civil Divison of the High Court seeking an interim order halting the graduation scheduled for September 21. 

Kyambogo University students carrying placards as they expressed their disatisfaction before attending a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

They wanted an order of prohibition restraining Kyambogo and its agents or servants from continuing with the graduation in their exclusion.

They argued that their exclusion on the list amounts to abuse of the University administration authority in rejecting and excluding them from the graduation list despite having fulfilled all the requirements.

Kyambogo University students carrying placards as they expressed their disatisfaction before attending a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

The students assert that they successfully pursued different courses at the respondent’s institution, and they passed all the subjects undertaken according to the information on their respective student portals and proceeded to make payments in preparation for graduation scheduled September 21, 22and 23, this year.

They add that between September 7 and 13,2021, the respondent acting through different heads of departments published various graduation lists which excluded them without any reasonable cause.

Kyambogo University students matching to the High Court for a hearing of their case in which they accused their administration for not doing their work to enable them graduate. (Photo by Mpalanyi Ssentongo)

Kyambogo University students pleading with High Court Security to allow them attend a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

“The respondent through the aforesaid decision seeks to arbitrarily gag the students right to Education, curtail possible employment opportunities, impose unconditional limitation and blanket abuse of administrative authority which are not acceptably and demonstrably justifiable in a free and democratic society and what is provided for under the constitution and law, “reads part of the court documents.

According to the court documents, the aforesaid decision interferes with future prospects in terms of further studies and employment of students, in addition to curtailing the general celebration associated with acquiring academic awards in Uganda.

Kyambogo University students pleading with High Court Security to allow them attend a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

The applicants say the impugned directives infringe on a bundle of constitutionally guaranteed rights of the students, to wit the right to be heard, the presumption of innocence, the right to equality before and under the law and the right to practice their professions.

Court documents further indicate that the respondent’s actions complained of herein are an abuse of statutory powers and discretion, mal-management of a statutory body and abuse of constitutionally guaranteed rights of students.

Kyambogo University students pleading with High Court Security to allow them attend a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

Kyambogo University students pleading with High Court Security to allow them attend a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

“The respondent’s actions complained of are discriminatory in nature, highhanded, oppressive, arbitrary, and illegal and a contravention of the constitution and the law generally, “the students assert.

In an affidavit sworn by Masereka, he says unless restrained by court, the respondent will freeze and stagnant the Citizen’s right to education which is very essential for the development of a country like Uganda.

Kyambogo University students pleading with High Court Security to allow them attend a Court hearing in which they wanted the University Graduation ceremony to be blocked. (Photo by Mpalanyi Ssentongo)

“I know this court has the powers to check the respondent’s arbitrary and unfair exercise of powers in order to ensure adherence to rule and constitutionalism by the respondent and other government agencies,” Masereka adds.

They wanted an order awarding them special damages for impairment of career progression and earning capacity, damage of their reputations and social standing, psychological torture, emotional distress and an interest rate of 25% per annum on damages awarded until payment in full.