KAMPALA, Uganda| The Civil Division of the High Court has dismissed an application for an interim order to stay a one-month suspension issued by Kyambogo University against the students, including the Guild President, Akiso Benjamin.
The fifteen students wanted the court to block the suspension and also allow them to attend lectures, reside in halls, and sit end-of-semester exams that were suspended after they had organised a general assembly without express university clearance, allegedly resulting in a student protest.
In an affidavit sworn in by Akiso Benjamin, the guild president of Kyambogo University, he argued that when he assumed office, he received numerous pleas from students regarding their inability to pay late registration fees and the need to request that the university management allow students who paid at least 70% of their tuition to be granted permission to sit their end-of-semester examination.
He added that the vice chancellor ignored request; thus, together with the guild Speaker,
They wrote to the student body on April 22, 2025, inviting them to a general assembly to discuss pertinent concerns regarding the waiver of late registration and advocate for students who have paid at least 70% of tuition to be permitted to sit for their end-of-semester examination.
Akiso, together with their lawyers, Chapter Four: Uganda, further told the court that he had never received any written objection from the vice chancellor, Prof. Eli Katunguka Rwakishaya, or any university official letter about the said general assembly concerning their demands, and in the morning of April 23, 2025, he proceeded to the students’ centre to address the assembly, but as soon as he convened, police started teargassing them with live bullets.
In opposition to the application, Kyambogo University filed a response to the affidavit. Bridget Mugume, the Dean of Students, acted as a witness in court and revealed that the students were arrested for leading the rowdy behaviour that affected the learning of the university and caused disorder in and outside campus; hence, suspension pending a disciplinary hearing that will be conducted.
The university lawyers Kalenge, Bwoniko, Kisubi & Advocates also sought the orders from court for the full restoration of the student’s rights as students of the university, which is essentially responsible to them, and that the students are also barred in law since granting orders will affect the determination of the main case without hearing.
They further stated that the failure of the court to grant the prayers by the applicants in this application will not adversely affect the students because once their rights are restored from their suspension in issue, they will resume their studies and as well sit for the missed exams in line with the university’s examination policy.
Justice Acellam Collins found that there was no imminent violation of non-derogable rights, as the suspension was temporary and explicitly allowed a future hearing. The judge held that the status quo to be preserved was the existing suspension and that allowing the students to return amid exams posed a greater risk of disorder.
”I agree with the Respondent that as per Annexure to the affidavit in reply, that there is still
an imminent threat that allowing the applicants to return to the university will most likely
result in a breach of peace at the institution at this time when the other students are
undertaking their examination.” Justice Acellam stated
The applicants will be accorded a hearing, and as promised by the respondent, special examinations will be arranged for them at no extra cost. It is my finding that this application fails and is accordingly dismissed with no orders as to costs. Accellam ruled
Comments