The two students, both in their fourth year, have also sued the institution, seeking a declaration that it has breached its contractual obligation to provide a conducive learning environment.
They want an order that their pharmacology paper be remarked by independent markers, damages for breach of contract and statutory duty, costs and any other relief.
In a statement of claim filed in the Lusaka High Court principal registry on October 1, this year, Mubanga and Saili state that Nyirenda was a lecturer and head of the Laboratory Department at the university.
They claim that sometime this year and on separate occasions, Nyirenda made various sexual advances towards them, which they declined.
Nyirenda did not back down and further promised to pass the two students in their exams.
“The plaintiffs will aver that they refused to accede to the [defendant’s] sexual requests which prompted him to threaten and promise that they will fail the exams,” read the statement of claim.
When the exams finally commenced, they state, Nyirenda, in a way, ensured that he was the one invigilating and would often accuse the duo of having sexual relationships with other lecturers in exchange with good grade.
“The accusations were made in full view of all the students in the exam class,” they alleged.
They also alleged that Nyirenda would then order other officers to conduct a body search on them while accusing them of trying to cheat.
They said the accusations and body searches went on for the entire exam period, thereby causing them embarrassment and mental anguish.
Mubanga and Saili state that they reported Nyirenda’s conduct to the university authorities but nothing was done to address the problem.
They claimed that their request to sit deferred exams was turned down by the university.
Mubanga and Saili state that Nyirenda’s conduct persisted throughout the exam period, which prompted the them to go back to the Dean of the Faculty of Pharmacy to seek that the matter be addressed.
Nyirenda was then summoned and acknowledged that his conduct was wrong and apologised to the two students.
The duo stated that the outcome of the exams was not surprising considering Nyirenda’s alleged promise that he would fail them for turning down his sexual advances.