"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.
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.
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 and award him general, aggravated and exemplary damages
as well as costs of the application.
//Cue in: “Makerere nagiwandikila …
Cue out: …obuwunju wunju”. //
//Cue in: “I have sued…
Cue out: …do the needful”. //
The case is allocated to Justice Boniface Wamala who has not yet fixed it for
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
over his case.