The High court has ordered Makerere University to reinstate suspended research fellow, Dr Stella Nyanzi after the institution was found in contempt of its own staff appeals tribunal.
Lady Justice Lydia Mugambe also ordered the university to compensate Nyanzi with Shs 120 million, promote her to the rank of senior research fellow and pay all her salary emoluments.
The judge found that the university was in contempt of its staff appeals tribunal by failing to promote, paying and reinstating her on job as the tribunal had previously ordered.
In November 2018, Nyanzi through her lawyer Isaac Ssemakadde dragged Makerere to court, accusing the institution of failing to implement the orders of the tribunal. The tribunal had held that Nyanzi's 2016 suspension from Makerere Institute of Social Research (MISR) was illegal and thus ordered for her promotion, reinstatement and payment of all her two-year emoluments.
The tribunal led by George Omunyokol on October 2, 2018, gave the university 30 days to implement the said directives from the date of judgment. But immediately after the expiry of the days without any implementation, Nyanzi who was suspended after a series of outbursts after attacking the First Lady Janet Museveni, petitioned court accusing the university of noncompliance.
Lady Justice Lydia Mugambe also ordered the university to compensate Nyanzi with Shs 120 million, promote her to the rank of senior research fellow and pay all her salary emoluments.
The judge found that the university was in contempt of its staff appeals tribunal by failing to promote, paying and reinstating her on job as the tribunal had previously ordered.
In November 2018, Nyanzi through her lawyer Isaac Ssemakadde dragged Makerere to court, accusing the institution of failing to implement the orders of the tribunal. The tribunal had held that Nyanzi's 2016 suspension from Makerere Institute of Social Research (MISR) was illegal and thus ordered for her promotion, reinstatement and payment of all her two-year emoluments.
The tribunal led by George Omunyokol on October 2, 2018, gave the university 30 days to implement the said directives from the date of judgment. But immediately after the expiry of the days without any implementation, Nyanzi who was suspended after a series of outbursts after attacking the First Lady Janet Museveni, petitioned court accusing the university of noncompliance.
During the hearing of the application, the university through their human resource director, Andrew Abunyang denied all the allegations and told court that Nyanzi was suspended after the expiration of her five-year contract.
However, in her judgement yesterday, Mugambe noted that Makerere suspended Nyanzi illegally after failing to get what they wanted from the staff appeals tribunal. Mugambe held that all the actions that were taken after the decision of the tribunal including the December 2018 formal suspension - were all acts of defiance and thus declared them irrational, irregular and unreasonable.
"This can be seen for example from the subsequent claim by the respondent (Makerere University) that the applicant held a five-year contract which expired. This issue had been clarified by the tribunal in its second decision. The respondent's officers had to work on this clarification objectively and in good faith. However, in the circumstances of this case, the respondents' officials appear to have acted in defiance to the tribunal's decision. This was irregular, irrational and unreasonable," said Mugambe.
The judge added that it was wrong for the Makerere which set up the tribunal to solve its internal issues to be the one to disregard its decisions. Before making the said orders, the judge clarified that the tribunal's decisions that have since lapsed, should be treated to take effect from the date of the court judgement. Makerere was also ordered to pay the costs of the suit.
However, in her judgement yesterday, Mugambe noted that Makerere suspended Nyanzi illegally after failing to get what they wanted from the staff appeals tribunal. Mugambe held that all the actions that were taken after the decision of the tribunal including the December 2018 formal suspension - were all acts of defiance and thus declared them irrational, irregular and unreasonable.
"This can be seen for example from the subsequent claim by the respondent (Makerere University) that the applicant held a five-year contract which expired. This issue had been clarified by the tribunal in its second decision. The respondent's officers had to work on this clarification objectively and in good faith. However, in the circumstances of this case, the respondents' officials appear to have acted in defiance to the tribunal's decision. This was irregular, irrational and unreasonable," said Mugambe.
The judge added that it was wrong for the Makerere which set up the tribunal to solve its internal issues to be the one to disregard its decisions. Before making the said orders, the judge clarified that the tribunal's decisions that have since lapsed, should be treated to take effect from the date of the court judgement. Makerere was also ordered to pay the costs of the suit.
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