Appeal Court Declines to Block Ndiege's Return

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In short
The Court of Appeal has today declined to stay the earlier Nakawa High Court orders that saw suspended Kyambogo Vice Chancellor Prof Isaiah Omolo Ndiege back to office.

The Court of Appeal has today declined to stay the earlier Nakawa High Court orders that saw suspended Kyambogo Vice Chancellor Prof Isaiah Omolo Ndiege back to office.

In a single judge ruling, Justice Kenneth Kakuru observed that the interim orders sought by Kyambogo University intended to block Prof Ndiege from accessing the University, were brought in bad faith.
 
Recently, Nakawa High Court judge Wilson Masalu Musene ruled that Kyambogo University Council slipped up in sending Prof Ndiege on indefinite forced leave before ordering his return.
 
 However, the lecturers did not like the idea hence the University unsuccessfully ran to the Court of Appeal seeking its orders to block Ndiege’s return.
 
Justice Kakuru also warned that justice should be served to all people of Uganda equally.
 
Today’s Appeal Court ruling comes two days after the University Council decided to obey Nakawa court orders and allowed Prof Ndiege back to his office that had been apparently locked for a while.
 
The University Council had also given an ultimatum of up today for the lecturers who were opposed to Ndiege’s return to accept and start working with him.
 
Prof Ndiege is employed by the University on a contract that commenced on January 2009 and will be ending in January 2014.
 
However, along the way, he was accused of corruption and counter allegations of corruption, abuse of office and mismanagement at the university.
 
Some of these allegations were investigated and others were are still under investigation by different bodies including the University Council, Parliamentary Sectoral Committee on Education , Auditor General, IGG and the police.
 
On September 15, 2012, the University Council sent Prof Ndiege on forced leave that ended on March 18 this year.
 
The forced leave was further extended for more three months and when they three months ended, he was instead sent on indefinite forced leave.
 
It was upon this background that Prof Ndiege successfully petitioned the Nakawa High Court for judicial review intended to quash the same indefinite forced leave.