KIU ordered to pay sh149m to Kanyeihamba for sacking

By Andante Okanya

The High Court in Kampala has awarded Prof.  Geoerge Kanyeihamba sh149m as compensation for his sacking as chancellor of Kampala International University(KIU).

In the judgement of Justice Yasin Nyanzi delivered, he pronounced that it was evident Kanyeihamba’s contract was terminated on April 7, 2011 without being accorded a fair hearing.

“I find that the plaintiff(Kanyeihamba)was unlawfully terminated because he was not accorded a fair hearing before the termination.

The case arose when the retired Supreme Court Justice sued, claiming his contract was illegally terminated by the university’s board of trustees chairman city businessman Hassan Basajjabalaba, also the proprietor.

Kanyeihamba claimed his contractual obligation was to be associated with KIU for life. He asserted that his five-year-contract was subject to renewal on mutual agreement.

The defendants in the case were listed as the university, its board of trustees and Basajjabalaba.

Kanyeihamba contended that KIU offered to retain him either as a chancellor or developer of courses like ethics, integrity and human rights in appreciation for donating his entire law library and valuable lifetime documents worth $550,000.

But the defendants insisted that there was an oral understanding that a science oriented scholar was to replace Kanyeihamba.

Citing Section 66 of the Uganda’s Employment Act, Nyanzi stated that KIU  management should have  explained to Kanyeihamba its transition plans.

He noted that the Kanyeihamba was instead given a termination letter indicating the board’s final decision.

Also in their defence, Kanyeihamba was accused of playing  a behind the scenes role in inciting students into rebelling  against university authority. However, the defendants did not adduce proof  thereof.

Consequently, citing Section 101 of  Uganda’s Evidence Act, which stipulates that court gives judgment  based  on evidence adduced,  the allegation was  dismissed.

However, Kanyeihamba’s demand for benefits was rejected by the court.  The judge explained that no proof was tabled to indicate KIU or Basajjabalaba’s liability. Kanyeihamba had contended that he was meant to earn sh2m as monthly salary. His contract was terminated after serving two years on his second term of five years.He said he was only paid for two months of his first five-year term.

Subsequently, he demanded compensation for the entire 10 years but the judge  rejected it,  faulting him for delaying to pursue his rights.

“Having made no demand at all in his five years of service when he only received sh4m, until the contract expired and went ahead to appreciate that payment six years after, one would be right to conclude that he waived his right to payment,” opined Nyanzi.

Consequently, he was  awarded sh124m for the two years left to the expiry of his contract. Kanyeihamba had wanted sh200m in general damages but  Nyanzi said sh25m was an appropriate sum.

On the issue of Kanyeihamba’s law books, he was advised to  take pride in this donation to the university. Nyanzi noted that Kanyeihamba is a mutual beneficiary, as his brilliant scholarly works are now displayed in one of the country’s universities.

Efforts to get a comment from Kanyeihamba were futile, as he was unavailable on his mobile phone contact.

Also Gender, Labour  and Social Development minister Mary Karooro Okurut, who is KIU vice chairperson of the board of trustees, was unavailable for comment.

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