The High Court in Kampala has declared the process that saw Henry Byansi censured as the Nkumba University guild president as having been tainted with irregularities hence null and void.
Justice Henrietta Wolayo in her ruling of March 30, held that Mr Byansi proved to court that the guild parliament denied him the right to be heard, an omission she said was against the natural rules of justice.
In the same decision of the court, Justice Wolayo declared that installation of Ms Betty Jakudu to replace Mr Byansi as the guild president after his controversial censure was null and void. “The applicant has proved that he was denied the right to be heard by failure to notify him of the date of the parliamentary session. Secondly, by the irregular reference to the vote of no competence as an item on the agenda.” Ruled justice Wolayo. She continued: “As a result of these irregularities, the guild parliament acted with procedural impropriety and therefore the applicant was removed from office without observing the due process.”
“The decision to remove the applicant from office was not unlawful but the process of his removal was tainted with irregularities and unfairness. The process was in violation of the applicant’s right under article 42 of the constitution to be treated fairly by administrative bodies.”
Justice Wolayo ordered the Entebbe-based University to award damages of Shs5m to Mr Byansi to compensate him for the distress and embarrassment that he went through yet his removal did not follow the due process.
Equally, the court condemned the university to costs that Mr Byansi used to successfully prosecute this matter.