Court halts Ndiege sacking, Kyambogo gets interim VC

By Chris Kiwawulo

The High Court has rejected the recommendation to remove Kyambogo University’s vice-chancellor Prof. Isaiah Ndiege from office, pending a judicial review he filed challenging his suspension.

Nakawa High Court deputy registrar Gladys Nakibuule issued an interim order barring the university appointments board and chancellor from effecting Prof. Ndiege’s removal, saying the decision would be illegal.

Ndiege applied to Nakawa High Court seeking an interim order to stop his removal from office by Kyambogo University, pending the hearing and disposal of a judicial review.

Ndiege went to Court in October last year, challenging the decision taken against him by the university.

In a ruling dated July 5, 2013, Nakibuule also barred the Kyambogo appointments board from investigating Ndiege as parallel to the ongoing investigations being conducted by the Inspector General of Government (IGG), Criminal Investigations and Intelligence Department (CIID) and the Auditor General.

“This court finds that therefrom, intricate legal issues are being raised that can be ably resolved by the main court in the judicial review application fixed and pending a court with competent jurisdiction to decide on them,” the ruling read in part.

Nakibuule said the status quo should be maintained in the interim as sought by Prof. Ndiege to allow the investigatory bodies; IGG, CIID and Auditor General to perform their roles until the judicial review application challenging the respondent university’s action against the applicant (suspending him) is disposed of.

She said her orders to maintain the status quo were not in contradiction with the constitutional petition No. 27 of 2013; which challenges the constitutionality of the IGG’s directive to the respondent to stop parallel investigations and arrest some of the applicants thereof.

Kyambogo University Council members had applied to court challenging the IGG’s directive stopping them from conducting parallel investigations against Ndiege.

When Kyambogo University Council members insisted on investigating Ndiege, the IGG ordered their arrest in May this year. Senior university officials were arrested and charged with abuse of office, conflict of interest and obstruction of directions of the Inspectorate of Government.

Those charged are; Prof. John Okedi, the university council chairman; Prof. John Opuda-Asibo, the acting vicechancellor and Sam Akorimo, the university secretary.
 
Others are; Ham Mungyereza, the bursar; Christine Kyayonka, the deputy registrar (admissions); senior administrative staff chairman, Jackson Betihamah; and lecturers; Wilfred Nahamya and Daniel Ndawula.

Nakibuule said if the Constitutional Court nullifies the IGG’s directive on grounds of its constitutionality, then its decision would affect the judicial review application and whatever stage it would be, even after conclusion, because the Constitutional Court is a superior court.

“However, presently it has not so found or pronounced itself on it and yet the judicial review application is still pending and is fixed before the High Court Judge,” she noted.
Meanwhile, Mwalimu has learned that Kyambogo University Council declined to extend Prof. Asibo’s tenure as acting vice-chancellor.

He is also the substantive Kyambogo deputy vice-chancellor for academic affairs.

According to sources who attended the meeting, which has been called to discuss the matter on July 11, Asibo ceased being acting vice-chancellor on July 17. He is slated to hand over the office of vice-chancellor to Associate Prof. Fabian Nabugumu, the deputy vice-chancellor for finance and administration.

In a letter to Prof. Okedi, the university council chairman, Opuda said he would use the remaining 14 days (July 18 - 31) to prepare a handover report.

He also requested the university council to hand over his office of the deputy vice-chancellor for academic affairs on July 31. Opuda has requested the university council to purchase his accumulated leave of 150 days, which he said was equivalent to taking seven months’ leave.

Mwalimu has further learnt that Opuda is one of the two candidates eyeing the post of executive director for National Council for Higher Education together with Prof. Moses Golola, who is holding the post in acting capacity.

If Opuda’s accumulated leave is purchased, sources say the university may have to part with about sh150m. But his request is subject to public service standing orders 2010.
According to the orders, leave cannot be accumulated from one calendar year to another unless authority is sought and obtained.

Besides, leave shall not be commuted into cash except; when a public officer passes away with approved earned leave and a death certificate from a Government Medical Officer or a police report has been availed, or when an officer’s services are terminated, other than by dismissal, with approved earned leave to his/her credit.