A Human Rights Activist Brian Kasaija has petitioned the High Court in Kampala challenging the alleged failure by the Nurses and Midwives Council to gazette 78 nursing schools in Uganda for over 24 years as provided for in law.
Among the 78 training institutions, top on the list is Arua School of Nursing, Butabika School of Psychiatric Nursing, Jinja School of Nursing and Midwifery, Kabale School of Enrolled Comprehensive Nursing, Lira School of Comprehensive Nursing, Masaka School of Comprehensive Nursing, Mulago Health Tutor’s College, Mulago School of Nursing and Midwifery, Public Health Nurses College, Soroti School of Comprehensive Nursing and, Bugongi College of Nursing and Midwifery.
Others include Ishaka 7th Day Adventist School of Nursing, Nsambya School of Nursing, Mukono Diocese School of Nursing, Lacor School of Nursing, Mbale School of Nursing, Mukono Diocese School of Nursing, Lubaga Health Training Institution, Fortportal International Nurses Training School, Kumi School of Nursing and Midwifery and the rest of the duly recognized Nursing institutions in the country.
Kasaija wants the High Court to declare that any nurse or midwife who has between November 8th, 1996 charged and been paid for the attendance on, treatment of, or service rendered to any person as a nurse or midwife under the Nurses and Midwives Act of 1996 be compelled and ordered to reimburse to any person who paid the same on grounds that there has never been nurses and Midwives in Uganda since 1996 in accordance with the law because they have never been gazetted.
The Nurses and Midwives Council is mandated to regulate standards of nursing and midwifery in the country, their conduct, supervising the registration and enrollment of Nurses and Midwives in the gazette, to advise and make recommendations to the government on matters relating to nursing and midwifery profession and to exercise general supervision and control over the two professions and to perform any other function relating to those professions.
However, he indicates that there are 78 training institutions in Uganda but none has ever been gazetted as required under the Nurses and Midwives Act hence rendering their operations of no legal effect and a nullity in law.
The Nurses and Midwives Act also provided that the Registrar of the Council has a mandatory legal duty after the 1st day of January and not later than March 31st each year to put in the gazette and up-to-date register of maintained nurses.
But Kasaija indicates that the Nurses and Midwives Council since 1996 only gazetted a register and a roll in 2018 which he notes that it is also bad in law and unlawful because it was submitted under a wrong and inapplicable law and therefore he maintains that since 1996, there is no valid register of nurses in the country.
Kasaija also argues that under section 33 of the Nurses and Midwives Act the Council is also mandated to publish in the gazette nurse health units and maternity homes including the name, address, qualifications, and the date of registration of the medical or dental practitioner supervising the nurse health unit or maternity home, conditions attached to the license, name, and address where those units are located. But the same has never been published since 1996.
“The actions of the respondents are against the established legal standards and rule of law with an effect on government funds issued for loans and all nurses and Midwives in the Republic of Uganda who have been through the said institutions and the general public they render service”, reads Kasaija’s documents.
In the same Suit, Kasaija has listed Higher Education Students Financing Board, and its nine Board members accusing them of failing to publish the list of all approved and successful applicants in the gazette as provided in law and therefore it will be difficult for them to retrieve the loans issued since 2014 when the Board was put in place.
The nine members are Reverend, Father Callisto Locheng, Robert Odok Oceng , Prof Christine Dranzoa, Reverend Canon Dr. Alex Mugisha Kagume , William Ndoleriire, Legesi Stephen Mwanika, Solome Mayinja Luwaga, Esther Kyozira, and Michael O Wanyama.
According to Kasaija, the failure by the members to gazette the loans amounting to 36 billion Shillings and scholarships issued out to Ugandans since 2014 are illegal and the Board cannot demand any money from students as it was illegality having been done without gazetting the applicants and beneficiaries.
This, he wants the court to order the individual members of the Board to refund that money and an order compelling them to resign in the public interest for failure to perform their duties.
According to the Acting Managing Director of Uganda Printing and Publishing Corporation-UPPC Kenneth Oluka, they last gazetted the names of registered nurses on July 20th, 2018 and they have also never gazetted the nurses’ health units and any training institution for Nurses and Midwives in Uganda Gazette.
The case that is generally filed against 11 respondents who have all received summons requiring them to defend themselves will be heard at the Civil Division on May 26th, 2022 before Judge Emmanuel Baguma.
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