A former senior two student at Kibuli Secondary School has sued its board of governors for dismissing her on allegations of theft of sugar.
In a law suit filed before the High Civil Division on Wednesday, Latifah Nakisita through her mother Ms Babra Lubwama Nakku, is seeking for a declaration that her purported dismissal by the school was illegal, irregular and therefore violation of the principles of natural justice.
Ms Nakku claims that her daughter was indefinitely suspended from Kibuli Secondary School on September 23, 2019 while she was still in senior two class, third term on allegations of stealing sugar.
According to court documents, copies of which were seen by Daily Monitor, the alleged offence was committed around July 2019 which was second term whose verdict was never disclosed to the applicant (Nakisita) until when she was already pursing her studies in third term.
The court documents further indicate that at the end of second term, Nakisita’s parent was handed a second term circular, bank slip for paying third term school fees with her property yet there was no mention of any disciplinary case against her.
“The applicant on the 14th day of September, 2019, paid Shs823,000 as part of her school fees for third term and on 15th September reported to Kibuli Secondary School for third term,” reads in part the court documents.
Ms Nakku states that on 19th September, the respondent through the head teacher called her on phone informing her that her daughter had been suspended indefinitely for a crime allegedly committed in the middle of second term without according her an opportunity to be heard.
She states that her daughter was coerced by the matron, one Christine Nalwada to write a letter admitting that she had stolen sugar after canning her and thus forwarding her name to the disciplinary committee.
“The respondent (School board of governors) arbitrarily issued the applicant an indefinite suspension without investigating and verifying the allegations of the matron which formed the basis of the issue of this indefinite suspension was contrary to rules of natural justice,” Ms Nakku states.
Through her lawyers of Messrs Mugisha, Namutale & Co. Advocates, Ms Nakku claims that the decision of the respondent was illegal, irregular and was made in circumstances amounting to unfair treatment in breach of the constitutional right to be accorded an opportunity to be heard.
Ms Nakku states that her daughter has been subjected to emotional distress and inconvenience for which she seeks general damages because she has been home since no school admits students in third term and has lost out for which she holds the school liable.
She is also seeking for a judicial review and an order quashing the decision of the school dismissing her daughter without being afforded an opportunity to be heard.