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Justice Mugambe to hear UNEB-Senior Four results case

By Farooq Kasule

Added 27th February 2018 06:43 PM

On February 13, 2018, four law students dragged UNEB to court, accusing it of failure to give a fair hearing to the affected students.

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On February 13, 2018, four law students dragged UNEB to court, accusing it of failure to give a fair hearing to the affected students.

PIC: UNEB secretary Dan Odong. Law students dragged the body to court over withheld results of students who were accused of malpractice

EXAMINATION MALPRACTICE | JUSTICE


KAMPALA - The deputy registrar of the civil division of the High Court, Sara Langa, has assigned High Court judge Lydia Mugambe to hear the withheld senior four results case against Uganda National Examinations Board (UNEB).

However, Mugambe is yet to fix hearing dates for case.

On February 13, 2018, four law students dragged UNEB to court, accusing it of failure to give a fair hearing to the affected students.

Henry Byansi, James Lyagoba, Ronald Bwire and David Sebaduka, who are currently pursuing a post graduate diploma in legal practice at Law Development Centre want court to compel UNEB to release all results of the affected candidates on grounds that they were not given a fair hearing.

They also want UNEB to be ordered to compensate each of the affected candidate sh5m in damages for the inconvenience and embarrassment suffered.

They contend that on February 7, UNEB released results of the Uganda Certificate of Education (UCE) for the year 2017, but it withheld results for over 4,525 candidates over alleged malpractice, without giving them a fair hearing.

“UNEB made the impugned decision in violation of the right to a fair hearing and, therefore, it is unfair, repressive, arbitrary and unjustifiable,” the petitioners contend.

According to the petitioners, the aforesaid students have not only been deprived of just and fair treatment by UNEB, but the decision also threatened their basic rights and entitlement as students.

They also argue that the UNEB’s decision created a permanent damage on the student’s reputation and demeans their self-esteem, rejection by prospective employers, hence subjecting them to high risk of unemployment or being outcompeted by their colleagues in the job market.

The petitioners further claim that the UNEB’s decision to withhold the students’ results violates a bundle of constitutional rights of the affected students and their respective schools enshrined in articles 20, 21, 22, 24, 28, 29, 30, 32, 40, 41, 42, 43, 44 and 45 of the Constitution.

“Unless the challenged decision is quashed by court, the academic progress of the affected students will be irreparably disrupted and the judicial review of the decision complained of is the most convenient remedy,” they contend.

In his affidavit, Byansi says they are duty-bound to defend the rights of the affected students because some of whom do not have the capacity to take on UNEB.

“I know that exam malpractice is a serious matter that calls for a disciplinary action, but each student would have been given a fair hearing before UNEB could come out to make a public declaration implicating them of the crime,” Byansi said.

He says they have been constrained to file the case in order for court to stop the unconstitutional practices which may influence other national examination boards to do the same.

Recently, UNEB executive secretary Daniel Odongo told the media that over 81 suspects had been arrested over the leaked exams on social media.

Results from 61 schools totaling 4,525 students were withheld by UNEB in the recently released O’level results.
 

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