Makerere University

Makerere ordered to reinstate suspended employee after 5-year legal battle

by · The Observer

The Makerere University Appeals Tribunal has ordered the immediate reinstatement of Christopher Ntwatwa, who was suspended five years ago for allegedly altering university records, including student marks.

In a ruling delivered on Friday, a tribunal chaired by Dr Henry Onoria directed the university to pay Ntwatwa’s salary arrears from November 2020, when he was unlawfully suspended, to the date of his reinstatement. However, each party was instructed to bear its own legal costs.

On November 9, 2020, the Makerere University Appointments Board, then chaired by Attorney General Kiryowa Kiwanuka, decided to dismiss Ntwatwa from his position. The board found him guilty of unauthorized access, removal, and alteration of university records, which violated the Makerere University Human Resource Manual (2009).

“We cannot accept a situation where a student is awarded incorrect marks. The offence committed by Ntwatwa is one of the most serious offences in an academic institution,” the board noted in its decision.

Subsequently, Ntwatwa was dismissed from university service on November 12, 2020, by the then-acting director of human resources, Lawrence Ssanyu. Dissatisfied with this ruling, Ntwatwa appealed the decision to the Makerere University Staff Appeals Tribunal on November 23, 2020, seeking to have the dismissal overturned.

During the appeal process, Ntwatwa, represented by Gem Advocates and the Centre for Legal Aid, raised a preliminary objection that the appeal could not proceed in the absence of a complete record of proceedings.

Makerere University had failed to produce the full record of the Appointments Board hearing, despite several requests. The university later claimed that many of the documents were destroyed in the September 2020 fire that gutted the main administration building.

Ntwatwa's legal team argued that without the full record, the tribunal could not fairly assess the appeal. They requested Ntwatwa's reinstatement, citing the absence of key evidence. In response, Makerere University's legal team contended that they had done everything possible to reconstruct the records but failed. They added that a retrial would be futile, as many of the original witnesses were no longer employed at the university.

The tribunal agreed with Ntwatwa's argument, finding that the absence of a complete record undermined the university’s case. It was noted that the fire that destroyed the administration building occurred before the November 9, 2020, decision by the Appointments Board, casting doubt on the university’s claims about missing evidence.

The tribunal ruled that without the necessary records, it was unable to exercise its authority on appeal. It also dismissed the possibility of a retrial, citing further delays and the practical challenges of recalling key witnesses. As such, the tribunal ordered Ntwatwa’s reinstatement and payment of his salary arrears.

Stanley Okecho, one of Ntwatwa’s lawyers from Gem Advocates, welcomed the tribunal’s decision. "We should at all times reject mob justice," Okecho said, criticizing the initial rush to judgment and the handling of the case by the Appointments Board. He further stated, "Evidence was concealed by the Kiryowa Kiwanuka-led Appointments Board, which summarily dismissed Ntwatwa."

Okecho added that his team was ready to face any potential appeals that might arise from the university following this ruling.

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