Kyambogo on the spot over Shs3.4b court damages

Kyambogo University is on the verge of having its property and bank accounts attached (seized) by the former vice chancellor, Prof Isaiah Omolo Ndiege, over unfair dismissal, Daily Monitor has learnt.

The High Court in Nakawa in 2015 awarded Prof Ndiege Shs1.3b as damages for unfair dismissal from his post as vice chancellor of Kyambogo University.

The damages, which were initially worth Shs1.3b, have risen to more than Shs3.4b that accrued from interests, after the university failed to remit the money to the professor, eight years after the ruling.
Sources at Kyambogo University told Daily Monitor that Prof Ndiege is on the verge of getting a court order to attach the university bank accounts and other properties to recover his money.

“The university does not have the money to pay Prof Ndiege, who is threatening to attach the institution’s properties to recover his money. The university council directed for the release of this money but it is not there,” a source said.

When contacted the university vice chancellor, Prof Eli Katunguka referred us to the institution’s senior legal officer, Ms Claire Ninsiima, who also referred us to the communications manager.

Mr Ruben Twinomujuni, the university communication manager, promised to comment on the issue after making further consultation but by press time, he had not yet got back to us.

However, the university secretary, Mr Charles Okello, said: “You go to court and get a comment from there. As a university, we do not have any comment.”

We were unable to reach Prof Ndiege for a comment as his known phone number was switched off, however, his lawyer, Mr Robert Kirunda, on Monday said: “We have started taking the necessary legal steps to recover the money for my client. I will not reveal the steps we are taking because you are the media.”

Background

Prof Isaiah Omolo Ndiege in 2014 petitioned court seeking for judicial review of the appointment process of the Kyambogo University vice chancellor.

This was after the university council asked Prof Ndiege to step down as vice chancellor and advertised for the same position before appraising him, contrary to section 31 of the Universities and other Tertiary Institutions Act.

Section 31 of the Act stipulates that the vice chancellor shall be appointed on terms and conditions determined by the university council for five years and shall be eligible for re-appointment for one more term.

The process of advertising relates to the first appointment and not reappointment.
Prof Ndiege won the case against the university and court awarded him Shs700m as special damages for having been kept out of office for a period of more than two years, Shs350m as general damages, Shs150m as aggravated damages and Shs150m as punitive damages.

The court issued a 30 percent interest rate per annum on special damages from the date of ruling to payment in full.

The court ordered that punitive damages should be paid within one month from the date of ruling, while special damages was supposed to be paid by the end of June 2016.

However, the judge made no order for reinstatement and advised Prof Ndiege to officially hand over the office.

Prof Eli Katunguka, was appointed as the acting vice chancellor and later in 2017 elected to take the position.