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Hon. Justice Ssekaana Musa Discusses When A Decision Should Be Subjected To Judicial Review

This was an application for judicial review where the Applicant sought a declaration that the continued non-issuance of the Degree Certificate of Bachelor of Education to the Applicant by the Respondent and or its Vice Chancellor and Academic Registrar is illegal, irregular and or unlawful and as such infringes on the Applicants’ Constitutional rights. The applicant was admitted on the 12th day of July 2012 to the Respondent University and was to graduate in January 2015 which didn’t happen due to missing marks. The Applicant research results which had been misplaced where subsequently found and he was able to graduate on the 29th day of January 2016 although he was only issued with a transcript and not the Degree certificate. He continued checking with Academic Registrar’s office whether the degree certificate was ready for the whole of 2017 and 2018. Due to this he missed several job opportunities.

Court noted that for one to succeed under Judicial Review it trite law that he must prove that the decision made was tainted either by; illegality, irrationality or procedural impropriety. Since judicial review deals with the decision making process. The respondent as a public body is subject to judicial review to test the legality of its decisions if they affect the public. In relation to this case, the Applicant was entitled to issuance of his degree certificate without any excuses and the University administration must ensure to uphold this at their financial detriment whether to make only one copy. The Court took note of the fact that the University might have challenges in availing the certificate but none the less failed at its duty.

An Order of Mandamus was issued compelling the respondent to issue the applicant with his degree certificate within 30 days. Any prolonged delay after 30 days shall attract shs 50,000/= per day.