{UAH} Kawooya degree set for scrutiny after court loss

Kawooya degree set for scrutiny after court loss

Written by SIRAJE LUBWAMA & DERRICK KIYONGA

 Last Updated: 13 May 2015

 

Anifa Kawooya

Supreme court says UK bachelor's is suspicious

A Supreme court ruling on Tuesday that upheld the National Council for Higher Education's decision to recall Sembabule Woman MP Anifa Bangirana Kawooya's academic papers has thrown the veteran politician's career in a balance.

The court ruled that NHCE had the right to recall the certificate of equivalence it gave Kawooya in 2005. In 2010, Kawooya petitioned the Constitutional court claiming that her certificate of equivalence had been recalled by the NCHE without giving her a hearing. She said this decision was in contravention of articles 28(1), 42 and 44 of the constitution.

This was after retired Major Kakooza Mutale, a senior presidential advisor, claimed in a report to the NCHE, that Kawooya had forged her academic qualifications. Upon her petition in 2010, the Constitutional court issued a permanent injunction stopping the NHCE from investigating or recalling Kawooya's academic qualifications.

The decision was partly based on the claim that the Supreme court had in its earlier ruling in the Joy Kabatsi petition stated that the MP's papers were authentic.
Dissatisfied with the ruling of the Constitutional court, NCHE appealed to the Supreme court.

On Tuesday, in a unanimous decision, all the seven Supreme court judges ruled that the council had every right to recall or investigate Kawooya's academic papers because they are suspect.

Justice Christine Kitumba, who wrote the lead judgment, pointed out that the degree in public administration that Kawooya claims she obtained in 2001 from Knight Bridge University, UK, should be investigated since the UK authorities had confirmed that the said institution doesn't exist.

"The authorities in UK said that they don't have such a university and then referred the appellant (NCHE) to Denmark…But even the authorities in Denmark said that they don't have such an institution," Kitumba said in her judgment.  

"NCHE by law has the duty to recall or investigate any academic papers. So, this court cannot stop the council from performing its duty in cases where there is fraud or the same has been suspected. So, the respondent [Kawooya] should appear before it such that she can answer any of the queries raised," Kitumba ruled.

The judge added that in case she is dissatisfied with the decision of NCHE, Kawooya can file an application of judicial review in the High court. The judges criticized the Constitutional court's finding that the Supreme court had already ruled on Kawooya's academic papers in Kabatsi's election petition of 2006.

"In his lead judgment, Justice Bart Katureebe didn't rule on the issue of academic qualifications since it had been abandoned by the petitioner [Kabatsi] at High court. He ruled on the issue of electoral fraud; therefore, this matter is yet to be determined by this court," Justice Kitumba said.

However, the judges agreed with the Constitutional court ruling that it was wrong for the NCHE to recall Kawooya's certificate of equivalence without hearing her side of the story.

"The right to be heard is entrenched in our constitution. The respondent should have been called before recalling the certificate of equivalence," they said.

Kawooya's academic qualifications have been under the spotlight for many years. To be elected Member of Parliament, one must have an equivalent of A-level, which her rivals insist she doesn't have.

After the judgment, NCHE's lawyer Edmond Wakida said the council would soon invite Kawooya to defend her papers. Despite the setback, Kawooya was happy that the NCHE had been ordered to hear her out. On the other hand, her nemesis Kabatsi said she was heartbroken.

"This is a case that has taken 10 years, which in itself is justice delayed and denied. I expected that the Supreme court, after finding all the forgeries by Kawooya, would have disposed of it today but it is again sending us back to the NCHE," Kabatsi said. 

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower

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