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| Makerere University |
Last week, the quartet Ivan Bwowe, David Bala Bwiruka, Geoffrey Mutagobwa, and Samuel Mukili, petitioned the High Court in Kampala, fearing that their suspension could result in expulsion from from the institution. They are demanding that the suspension be quashed.
Through Lukwago and Company Advocates, they have filed an application for judicial review against the university, asking court to quash the February 21 decision of the disciplinary committee, that suspended them. They claim they were denied a fair hearing, and deny being ringleaders of the demonstration.
According to the tuition policy approved in 2006/2007 academic year by the supreme governing body the university council, the students are required to pay at least 60% of the tuition by the sixth week to allow the university receive funds to provide quality education.
Judicial review is conducted by the High Court to scrutinise proceedings plus decisions taken by subordinate courts, inferior tribunals or Government bodies.
Bwowe was suspended for two semesters, Bwiruka for a period not less than four months pending confirmation of his expulsion by the university council, while Mutagobwa and Mukili were suspended for the second semester of the academic year 2012/2013. Bwiruka also wants court to bar the pending expulsion.
The students claim the commitee's decision was tainted with bias, as it was comprised of people who were vindictive, and had grudges to settle, and impose their whims and influence the committee's decision.
"The applicants are seeking a declaration that that the decisions of the Respondents' Students Affairs and Disciplinary Committee were irrational,legally improper, unjustified, and reached at without due regard to the rules of natural justice," they contend.
The quartet have all sworn affidavits in support of the application, claiming they were never given sufficient notice prepare their defences prior to their appearance before the committee.
Second year Bachelor of Laws degree student Bwowe, states that he was arrested by Police on the second day of the demonstration, on his way to Mary Stuart Hall, and detained at the Central Police Station. He says he was released in the night after a charge of incitement to violence had been preferred against him.
First year Bachelor of Arts in Social Sciences degree student Bwiruka, states that he was arrested on the second day of the demonstration at the School of Social Sciences, and detained at Kira Road Police Station. He was later released in the night after a charge of incitement to violence had been preferred against him.
Second year Bachelor of Arts in Social Sciences degree student Mutagobwa, says he was arrested on the second day of the demonstration, at Freedom Square, and detained at the Kawempe Police Station. He was later released in the night after a charge of incitement to violence had been preferred against him.
Second year Bachelor of Industrial and Fine Art degree student Mukili, together with the others, query the composition of the disciplinary committee, saying it had non members, citing the officer in charge of the university Police post John Rutagirwa, and university security officer Frank Byaruhanga.
The university is yet to respond to the allegations. A hearing date is yet to be scheduled.
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