It all started in February 2024 when Makerere University advertised the position of Deputy Vice Chancellor for Finance and Administration.
Three professors were shortlisted. They were Prof. Anthony Mugisha, Prof. Henry Alinaitwe and Associate Prof. Bruce Kirenga.
The Senate conducted elections Prof. Mugisha emerged with the highest number of votes so he was reccomended for appointment by the University Council.”
But one of the competitors Prof. Alinaitwe, was not satisfied. He petitioned the University Council alleging that the recruitment process had not been fair.
On February 20, 2025, at its 166th sitting, the Makerere University Council declared the position vacant. That decision signalled that the earlier process won by Prof Mugisha was null and void and instead, a fresh recruitment process would begin.
The position was re-advertised again in March 2025.
For Prof. Mugisha, this felt like the bread had been pulled from his mouth so he went to court challenging the fresh recruitment process.
In his application before the High Court, Prof. Mugisha wanted the court to stop Makerere from repeating the recruitment process. He also wanted, in the main suit, to compel the Council to appoint him, since he had emerged the best candidate in the earlier process.
Before Musisha’s case commenced, the Inspectorate of Government stepped in. The IGG said that after investigations, it recommended that the position should be re-advertised and a fresh recruitment process be conducted, like the university had done.
In fact, through its Secretary, Yusuf Kiranda, the university told court that the IGG’s orders were valid and binding.
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Justice Bernard Namanya, who heard Prof Mugisha’s case, agreed that the IGG’s decision carried weight.
Namanya said Prof Mugisha failed to prove that the orders of the IGG had been set aside by any legal process, in the absence of which, the orders of the IGG are valid and binding on Makerere University.”
Justice Namanya then turned to the law governing injunctions, which Prof Mugisha had sought in his application.
He explained that a temporary injunction is meant to preserve the status quo until the main case is decided and that the court must consider three things.
First, whether there is a serious question to be tried. Second, whether the applicant (prof Mugisha) would suffer irreparable injury that cannot be compensated by damages. Third, if in doubt, where the balance of convenience lies.
“Having regard to the functions of Makerere University Council… and the findings and recommendations of the IGG… the applicant has failed to show that there is a serious question to be tried in the main suit. The first ground for the grant of a temporary injunction order is not satisfied,” Justice Namanya ruled.
On irreparable injury, he said it means harm that cannot be compensated by money. So he said that Prof. Mugisha “ought to prove that if Makerere University conducts a fresh recruitment process… he will suffer irreparable injury.”
He ordered that the application be dismissed and that costs would be determine after the outcome of the main suit.
For now, the fight among the three professors, Mugisha, Alinatitwe and Kirenga has not fully ended.
But in the meantime, Prof. Winston Tumps Ireeta is the acting Deputy Vice Chancellor in charge of Finance and Administration.
