ADMISSION SCANDAL! Shock as Kampala University admits S.4 student to a degree program
By our reporter
Kampala University may be busy admitting students with O’level qualifications for degree programs, this publication can exclusively report.
The revelation follows a recent court ruling after one of the students sued the University for blocking him from graduation after studying for three years.
Court later found out that the University admitted the student without minimum qualifications for a degree program.
The University has now been ordered to compensate the student to a tune of sh78m.
HOW DID WE REACH HERE
According to court documents in our possession, it all started in 2017 when Augustine Ndife, a Nigerian, applied for and joined Kampala University as an international student offering a Bachelor’s degree in Political Science; vide admission number, 1 8/KUA/BPS/549N.
Upon completion of his three-year course, he was not cleared for graduation.
The University informed Ndiffe that he did not fully comply with pre-entry requirements for international students.
Ndife could not believe that for the three years that he spent at Kampala University, he was never guided on any preliminary admission requirements for international students.
In a civil suit No. 358 of 2022, Ndife, sued Kampala University seeking for declarations and orders that the University breached its contract; it was fraudulent and professionally negligent. He also asked the court to order an investigation and/or inquire into the university’s admission processes of international students. He further prayed that Kampala University’s license to operate as a University be revoked on top of paying special damages, general damages, exemplary/punitive damages, interest and costs of the suit.
In a ruling dated October 14th, 2024, Justice Esta Nambayo of the High Court (Civil Division), did not disappoint Ndife.
She faulted the University on many things and consequently awarded the student sh50,000,000 as General damages, sh 10,000,000 as punitive damages, sh18, 551,000 as special damages with 8% interest per annum from the date of judgement and costs of the suit.
USING S.4 UCE QUALIFICATIONS
During the hearing, it emerged that Kampala University admitted the student on a West African Senior School Certificate (Equivalent to Uganda Certificate of Education-UCE) instead of West African Senior School Certificate (Equivalent to the Uganda Advanced Certificate of Education).
In the absence of the UACE certificate, the University says the student was supposed to do a compulsory remedial course as required by the National Council for Higher Education (NCHE) of foreign students before admission to a local University which he did not.
However, the student did not undertake this and faults the University for not guiding him and instead allowed him to study for three years before correcting the admission mistake and the judge agreed with him.
“The admission letter does not refer to the University Admissions Policy & Procedure. There is no evidence to show that the Admissions Policy and Procedure was part of the Plaintiff’s admission documents. The admission letter is silent on the requirement of the equation certificate. I find that there is no evidence on record to show that the plaintiff was informed at the time of his admission or at any other time during the progression of his course, that he was required to present a certificate of equation to his West Africa Senior School Certificate,” Justice Esta ruled.
She said it defeats logic to argue that the University issued an admission letter to the Plaintiff, allowed him to study uninterrupted for three years, while collecting tuition from him and assessing his performance and clearing him at every level and thereafter allege that he never complied with the admission requirements.
NCHE CLARIFIES
When the student was not cleared for graduation, he complained to the NCHE. NCHE then made a report which was tendered in court as Exh. P.3 on page 17 of the Plaintiff’s trial bundle. lt came up with the following key findings: “Mr. Augustine Ndife was admitted to a Degree programme of Kampala University with a West African Senior School Certificate (Equivalent to Uganda Certificate of Education-UcE). Mr. Augustine Ndife did not qualify for admission to a Bachelor’s degree programme. Regulation 9(d) of Statutory lnstrument No. 34 of 2008 requires students who have done their secondary education outside Uganda to undertake a Bridging/access course by the National Council for Higher Education. The University could not provide a clear programme document which Mr. Augustine Ndife followed,” NCHE said, making it clear that the student did not qualify to be admitted for a degree program.
There are now fears that many international students at Kampala University could have graduated and others studied degree programs using UCE results. This is a story for another day.
Justice Esta observed:
“Under S.5 (k) of the Universities and Other Tertiary lnstitutions Act, 2001(as amended) the NCHE is mandated to determine the equivalence of all types of academic and professional qualifications of degrees, diplomas and certificates obtained elsewhere with those awarded by Uganda lnstitutions of Higher Education for recognition in Uganda.
“For this reason, i’m confident that the findings in the report by the NCHE which was tendered in court by the plaintiff as Exh. P.3, was within its legal mandate. I also find no basis to doubt the findings. My attention has been particularly drawn to paragraph (a) of the report, which states that; “Mr. Auqustine Ndife was admitted to a Deqree programme of Kampala University with a West African Senior School Certificate (Equivalent to Uganda Certificate of Education-UCE). Mr. Auqustine Ndife did not qualify for admission to a Bachelor’s degree programme.” (Underlining is mine for emphasis).
“Much as the Plaintiff claims under paragraph 9 of his plaint and in his evidence that the Defendant did not guide him on the important steps to be taken before his admission to the Defendant University; namely; taking a bridging/remedial course accredited by the NCHE, the finding of the NCHE is that the Plaintiff’s West African Senior School Certificate was equivalent to UCE and as such the Plaintiff did not qualify for University admission at the Defendant University.
“It would appear that at the time of the Plaintiff’s admission to the Defendant University, both the Plaintiff and the Defendant officials responsible for admission were under a mistaken belief that the Plaintiff qualified for admission for a Bachelor’s degree, which was not the case as pointed out by the NCHE.
“NCHE did not say that the Plaintiff needed a bridging course to qualify for admission. It stated clearly that the equivalent of the plaintiff’s papers were UCE and that he did not qualify for admission to the University for a Bachelor’s Degree.
“The mistaken belief by the Plaintiff and the Defendant that the Plaintiff qualified for admission and the actual admission of the Plaintiff in my view, was a common mistake.”
In his application, Ndife wanted court to order an investigation and/or inquire into the university’s admission processes of international students. He further prayed that Kampala University’s license to operate as a University be revoked. But the judge remained silent on this.
Counsel Martin Musigire of LMN advocates represented the student while lawyers Steven Kawalya and Mohammad Ssebandeke represented Kampala University.
REMEDIES
The judge faulted Kampala University for burdening the student by allowing him to apply, get admitted, and study for three years only to stop him from graduating.
“lf the Defendant [Kampala University] had exercised diligence in its admission of the plaintiff [Student] and at every stage of each academic year, the Plaintiff would not have been misled into attending a course for the whole three years without the requisite qualifications. Therefore, it is only proper that the Defendant pays the Plaintiff all that he incurred under S. 54(2) (c) of the Contracts Act,” Justice Esta observed.
In awarding special damages Justice Esta based on the student’s submissions stating that for the three years, he incurred expenses ranging from tuition fees, functional fees, registration fees, transport expenses, purchasing reading materials, medical expenses, accommodation expenses, air tickets to and from Uganda, visa fees, and student pass expenses. After scrutinizing the evidence submitted in form of payment receipts, the student was awarded sh18,451,000.
For the three years that the student wasted at Kampala University and for the period he spent following up the matter, court awarded Ndife sh50m in General damages.
The judge also faulted Kampala University for not making any effort to settle the matter immediately after receiving the NCHE report.
“This has made the Plaintiff run up and down which has also prolonged his stay and expenditures in the country. I find UGX. 10,000,000/- reasonable as exemplary damages,” the ruling further reads.
Kampala University has also been ordered to pay costs of the suit.
“Therefore, in the final result, judgement is entered for the Plaintiff in the following terms:-
- The Defendant be and is hereby ordered to pay the Plaintiff special damages amounting to UGX. 18, 551, 000/- [Eighteen million five hundred fifty-one thousand shillings only).
- The Defendant be and is hereby ordered to pay to the Plaintiff General damages of UGX 50,000,000/- (Fifty million shillings only).
- The Defendant be and is hereby ordered to pay to the Plaintiff exemplary/punitive damages of UGX 10,000,000/- (ten million Uganda shillings only).
- The Defendant shall pay interest on the special damages at the rate of 8% per annum from the date of judgement until payment in full.
- The Defendant pays costs of this suit.
I so order
Dated signed and delivered at Kampala by mail and uploaded on ECCMIS on this 14th day of October, 2024.”
Here is the full ruling: Judgement001
DEAR READER,
CALL/TEXT/WHATSAPP:0777959024
FRAUD IN BANKS, THIEVING GOVT OFFICIALS, INTERNAL AUDIT REPORTS EXPOSES, IMPUNITY & CORRUPTION (in MDAs, NGOs, Private sector), FIGHTS IN OFFICES, JOB WARS/ WITCH HUNT, URA TAX FRAUD/NON-COMPLIANCE, CHEATING MONEY LENDERS, BETTING FIRMS, LABOUR EXPORT COMPANIES, CHEATERS, DIVORCE FILES, S3X NETWORKS, S3X FOR MARKS, HARASSMENT OF ALL NATURE AT OFFICE BY BOSSES, CHILD NEGLECT, WETLAND OCCUPATION, ENVIRONMENTAL DEGRADATION, VIDEOS, S3X SCANDALS, BUSINESS WRANGLES, SUBSTANDARD PRODUCTS, GOLD SCAMS, NSSF REMITTANCES NON COMPLIANCE, LAND ISSUES, POLITICAL WRANGLES…ETC.
SOURCE PROTECTION/CONFIDENTIALITY IS OUR NO.1 PRIORITY.
About Post Author
