Mukono High Court Judge Margaret Mutonyi had described the rules and regulations of Uganda Christian University as deficient, saying that they among other things don’t define or prescribe the punishment for a minor offence or major offence committed by an individual at the institution.
“I found the [Code of Conduct] handbook wanting,” she said.
These remarks where made before journalists on Wednesday as she [Judge Margaret] vindicated Simon Semuwemba, the president of the Uganda Christian University Law Society and Yasin Ssentumbwe, a second year law student who were expelled in 2016 for allegedly going against the university policy, “which requires students intending to demonstrate to notify the administration.”
In her ruling, Judge Margaret said the minutes of the proceedings that led to the expulsion of Sentumbwe and Semuwemba, shows that the university did not observe the principals of natural justice at all, and that they were “unchristian”
“They were not accorded a fair trial because there is no evidence on record against them,” ruled Justice Margaret Mutonyi.
Judge Margaret ordered the faith institution to award both applicants general damages of Shs10m each.
“Their expulsion from the university was very high handed, it aimed at destroying the future of their very own students and creating fear among the student community,” she said.
On 20th April last year, Uganda Christian University – Mukono students demonstrated against the 15% tuition increment. At that time, the Students Disciplinary Committee resolved to expel the duo in subject, Yasin Ssentumbwe and Simon Semuwemba, saying they incited others to riot and breach peace, and that this was contrary to Regulation 6 (V) and 8 (II) of the Code of Conduct handbook.
Not long after, describing the expulsion as “arbitrarily, unjustly, unlawfully and irrationally,” Simon and Yasin sued the University, and in their affidavits among others alleged that the decision to expel them was reached before the very demonstration on which their expulsion was premised happened.
“Whereas the letter communicating their expulsion was signed by the Vice Chancellor on 19 April 2016, the demonstration was staged on 20 April,” they said.
The students were represented in court by Counsel Isaac Ssemakadde Kimaze and the university represented by AF Mpanga Advocates.
