The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | City lawyer Male Mabirizi has petitioned the High Court in Kampala for orders to compel Makerere University to initiate the process of recalling the Diploma awarded to the National Unity Platform party president Robert Kyagulanyi Ssentamu about 20 years ago. In his June 4th, 2021 petition before the Civil Division of High Court, Mabirizi contends that Kyagulanyi who registered under registration number 00/U/3223 was awarded a Diploma in Music, Dance and Drama through fraud, dishonorable or scandalous manner.
Mabirizi contends that he first wrote to the University on March 16th 2021 asking them to start the process of depriving Kyagulanyi of his diploma after the Academic Registrar availed him the Makerere University Prospectus for the 1999/2000-2000/2001 academic year. He explained that the evidence provided by Makerere shows that Kyagulanyi sat the University Mature Age Entry Scheme Examinations on March 2000 when he was 20 years old contrary to the guidelines which state that for one has to be at least 25 years old or completed formal education at least five years prior to his admission to qualify for admission that wasn’t the case with Kyagulanyi.
The evidence includes Kyagulanyi’s admission form dated October 20th 2000. The form indicates that Kyagulanyi was born on February 12th 1980, and studied at Kololo Senior Secondary School and Kitante Hill School, meaning that by the time he was admitted to pursue the course on government sponsorship, he was 20 years of age and neither had he completed formal education five years prior to his admission.
“Although I take the then University officers to have either been negligent or compromised in admitting the candidate, the diploma should be deprived on account of the candidate’s signed understanding on his registration form that, “Case of impersonation or falsification of documents whenever discovered …will lead to automatic cancellation of admission,” wrote Mabirizi.
Mabirizi argues that since the admission was automatically cancelled, the role of the university senate was to follow the due process leading to recall of Kyagulanyi’s Diploma to save the University image and send a clear public message that academic fraud cannot go unpunished however long it may be. He however says that Makerere University ignored the request and has neither initiated the process nor written back to him to inform him of the progress.
“That I know the refusal to initiate the process is irrational, unreasonable and failure by the respondent/Makerere to perform it’s statutory”, reads Mabirizi affidavit. He now wants court to compel the University to initiate the process of recalling Kyagulanyi’s diploma and award him general, aggravated and exemplary damages as well as costs of the application.
The case is allocated to Justice Boniface Wamala who has not yet fixed it for hearing.
Back ground
Kyagulanyi’s troubles started in 2020 when he declared interest to stand for presidency, the top most political office in the country. As a result, Mabirizi who describes himself as an ardent believer of the rule of law tried to search for his academic papers, arguing that the country has suffered with the current President Yoweri Museveni whose age and academic documents have reportedly been difficult to trace.
During the search, Mabirizi found information on the Parliament website showing that Kyagulanyi was born on February 12,1982, and another before the Ministry of Internal Affairs showing that in March 2000, Kyagulanyi was 18 years yet evidence showed that he was 20 years old then.
Mabirizi then interpreted this information that Kyagulanyi was born in 1982, completed primary level of education at nine years, lower secondary at 13 years and advanced level at 16 years. Following these discrepancies, Mabirizi questioned whether Kyagulanyi studied primary one at just two years.
He then instituted private criminal charges against Kyagulanyi in Wakiso and Buganda Road Courts accusing him of giving false information. But the Directorate of Public Prosecutions took over the case following a successful application before High Court Judge Wilson Kwesiga on October 16th 2020. During his presidential campaigns, Kyagulanyi said his father changed his age to enable him to sit for the Primary Leaving Exams after being helped to skip primary six.
He however explained that he swore an affidavit in March 2000 to correct the said anomaly. The matter of Kyagulanyi’s age has since reached the East African Court of Justice where Mabirizi is challenging the High Court’s decision to allow the DPP to cover his case.
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