High Court Justice Lydia Mugambe has issued an order of mandamus against Makerere university obliging the management of the institution to implement the decision of the university tribunal in relation to the former researcher Dr Stella Nyanzi .
Dr Stella Nyanzi sued Makerere University seeking compensation .
She also prayed to court to order Makerere to reinstate her office as a Research Fellow at the Makerere Institute of Social Research.
The researcher – cum Uganda political activist had before running to court been reinstated by the university disciplinary committee to her office but she accused Prof Barnabas Nawangwe with other officials of the university of undermining the tribunal ruling.
In a land mark ruling court , Makerere university was in contempt of the ruling and orders of the staff appeal tribunal that called to reinstate Dr Stella Nyanzi to her office as a Research Fellow .
Its also found Makerere university in contempt when it refused to pay Nyanzi her salary, benefits and emoluments due to her by virtue of her employment with the university and also consider her long overdue application for promotion from the post of Research Fellow to Senior Research Fellow.
In analysing her Judicial review case ruling , Judge Lydia Mugambe noted that , It is not in dispute that the Stella Nyanzi challenged a decision of Makerere University before the Staff Appeals Tribunal and Makerere university officials appear to have acted in defiance of the Tribunal decision. This was irregular, irrational and unreasonable, she added.
The Lady Justice defined Judicial review as a process by which the High Court exercises its supervisory jurisdiction over the proceedings and decisions of inferior Courts, tribunals and other bodies or persons who carry out quasi-judicial functions, or who are engaged in the performance of public acts and duties.Her lordship awarded Stella Nyanzi general damages amounting to 120 Million and costs of the application.
Dr stella Nyanzi lawyer Mr Isaac Ssemakadde , revealed that ,”We are happy with the result. It’s a triumph of the rule of law and another testimony of Dr Stella Nyanzi’s visionary and patriotic struggle for the liberation of free thinkers at The Academy.”
Dr Stella Nyanzi had already started rejoicing her new found victory against Makerere university and promised to make a detailed victory statement.
Makerere university is also preparing to appeal.
