Kampala, Uganda — The High Court in Uganda has overturned a decision by Makerere University’s staff appeals tribunal that sought to reinstate a lecturer previously fired by the university. The court ruled that the tribunal acted illegally by rendering its decision beyond the legally stipulated timeframe.
High Court Judge Simon Peter Kinobe sided with Makerere University, stating that the tribunal’s decision to reinstate Dr. Eria Olwowo Onyango as a lecturer in the department of sociology and anthropology, college of humanities and social sciences, was “illegal, irrational, unjustified, and unreasonable.”
“The 1st respondent exercised its jurisdiction outside the provisions of law without a lawful viable cause. Accordingly, the decision of the 1st respondent complained about in this application cannot stand,” Kinobe ruled.
Makerere University, through its secretary, had sought a judicial review, arguing that the staff appeals tribunal had abused its power. The university contended that the tribunal’s 45-day timeframe to determine the matter had expired before it ruled in August 2024.
Onyango was terminated from university service in 2022 after an investigation revealed he had lost a student’s examination script. The issue came to light in 2019 when a complaint was lodged against him during his application for a senior lecturer position. Consequently, the appointments board declined his promotion and terminated his contract.
Onyango appealed to the staff appeals tribunal, which ruled in his favor, ordering his reinstatement and payment of his salary from the date of his termination. However, Makerere University appealed this decision, arguing that the tribunal could not decide a matter two years after its filing.
In his defense, Onyango stated that the tribunal had been without a chairperson for some time after the expiry of the previous chairperson’s term, thus preventing an earlier verdict.
However, Judge Kinobe cited a precedent set by Justice Ssekana in Makerere University vs Makerere University Staff Appeal Tribunal and Dr. Malowa Davis Ndayi, which held that tribunals cannot extend their time limits.
“A decision can be overturned on the ground of illegality if the decision-maker did not have the legal power to make that decision. This can happen if the decision-maker acts outside or beyond its powers, also known as ‘ultra vires,’ or misdirects itself in law,” the court stated. “The failure to conclude and render a decision within the time provided by law makes the acts of the 1st respondent unlawful and ultra vires its jurisdiction.”
