Over 40 Makerere university staff petition court over job

A total of 41 Makerere University staff have petitioned the High Court, seeking to overturn the appointment of Prof. Damalie Nakanjako as the principal for the College of Health Sciences (CHS).

New Vision has seen a copy of Nakanjako's appointment letter, dated December 10, 2020, drafted by the acting human resource director, Lawrence Ssanyu. The appointment is effective December 1, to November 30, 2024.

However, 41 senior academic, administrative, and support staff of the college are challenging the recruitment process that the university used.

In an application for judicial review filed in the civil division of the High Court on Tuesday, the applicants contend that Nakanjako lacks the minimum qualification of four years' managerial ability in an institution of higher learning or research institute to be appointed principal. The university and Nakanjako are listed as respondents.

Judicial review is conducted by the High Court to scrutinise the legality of processes that resulted in decisions taken by tribunals or administrative bodies.

The applicants claim that Nakanjako's nomination, recommendation, approval, and appointment by the search committee, senate, university council, and the chancellor was illegal.

Previously, she was the dean of the school of medicine.

Some of the applicants include Dr Hawa Nalwoga, Dr James Obondo, Betty Namwase, Dr Fred Sembajwe, Dr Godfrey Bossa, Dr Edith Joloba, Dr Ian Munabi, Assoc. Prof. Fred Wabwire, Dr Paul Lukiza, Dr Joshua Nfambi, Prof. Henry Wabinga, Prof. Joseph Olobo, Hannington Kimbowa, and John Odda.

Through Mugabi Shyaka and Company Advocates, the applicants seek a declaration that the process that led to Nakanjako's appointment was arbitrary, illegal, unfair, irrational, and a breach of their (applicants') right to a fair hearing.

They also want the court to declare that the amendment of the Universities and Other Tertiary Institutions Statute, 2012, to give the search committee powers to identify up to five suitable candidates for the post after the commencement of the impugned recruitment process, was illegal.

The applicants have asked the court to quash all proceedings, reports, and decisions of the search committee, senate, university council, and chancellor that led to Nakanjako's appointment.

They, therefore, want the court to compel the university to conduct a fresh process of appointing CHS principal in accordance with its (court's) guidance and directions.

Grounds

The applicants contend that the university advertised for the position and appointed a search committee to identify five suitable candidates and forward their names to the senate, contrary to section 29 (2) (a) of the Universities and other Tertiary Institutions Act, 2003 (as amended).

They purport that the committee findings branding contestant Moses Joloba unethical and of bad integrity was in bad faith.

"I was not told the particulars of the claimed unethical behaviour," says Joloba, a professor in the department of medical microbiology, school of biomedical sciences.

The applicants say they were denied a remedy within the university's internal structures.

They say the university breached their fundamental right to fair hearing, right to just and fair treatment, right to participate in the affairs and governance of the college, and freedom of expression protected under articles 20, 28, 29, and 42 of the Constitution.

The affidavit

Dr David Kateete has sworn an affidavit, saying he was shocked to learn that Nakanjako had been shortlisted and recommended to the senate by the search committee for appointment, notwithstanding her lack of minimum qualifications.

Following the appointment, Kateete says he and his co-applicants obtained Nakanjako's curriculum vitae and discovered that she lacks the four-year managerial experience in an institution of higher learning or research institute to be appointed principal.

Shocked by the developments, Kateete says he lodged a complaint with the university council, which was not considered.

He says he and Dr Moses Joloba were investigated by the Inspector General of Government and cleared of any criminal, disciplinary conduct or integrity issues.

"The university treated Joloba unfairly, irrationally, and unlawfully when it unilaterally reached the decision that he was not of good ethics and integrity, thereby excluding him from the race," he contends.

Makerere and Nakanjako are yet to file their rebuttals defending their actions.