Africa-Press – Uganda. The High Court in Mbale has set January 15 as the date it will commence hearing of a case in which the Umukukha III and head of the Inzu Ya Masaba (House of Masaba) Cultural Institution of Bugisu, Mr Jude Mike Mudoma, is accused of contempt of court.
Mr Mudoma, who was installed as Umukukha III on November 21 last year at the Sports Club in Mbale, is jointly accused with the Attorney General.
According to court documents, Mr John Amram Wagabyalire, contends that the decision by the Ministry of Gender, Labour and Social Development to gazette Mudoma as the Umukukha and his subsequent installation violated an order of the High Court.
Mr Mike Mudoma was gazetted on August 8, last year, but court documents show that Mbale Resident Judge, Justice Magret Apiny, had dismissed his application to be gazetted Umukukha We Bamasaba in a September 5, 2022 ruling.
This is one of about seven suits that Mr Wagabyalire has filed in the same court as he fights to reclaim a seat to which he claimed to have been elected on December 11, 2020.
No love lost
In one of the suits, Mr Wagabyalire is suing the Minister of Gender, Labour and Social Development, Ms Betty Amongi, State Minister for Gender Peace Mutuuzo, the Permanent Secretary in the Ministry of Gender, Mr Aggrey Kibenge, and Attorney General Kiryowa Kiwanuka for their alleged roles in gazetting Mr Mudoma the Umukukha.
Minister Amongi wrote in a December 2, 2021 letter that the government did not recognise any of the two rivals for the seat, adding that the pair could seek redress from the courts if the impasse over the seat could not be resolved by the clan leaders and elders.
The minister, however, had a change of heart and had Mr Mudoma gazette, for which she has now been dragged to court.
The legal battle is now set to reignite bitter fights that have plagued the sub-region since March 2020 when the election of a new Umukukha to succeed Umukukha Bobi Mushikori was halted. This followed the decision by the government to impose a nationwide lockdown as a Covid-19 containment measure.
The lockdown put paid to the process by the Electoral Commission to conduct elections even after five people, notably, Mr Mudoma, Mr John Amram Wagabyalire, Mr Gregory Gidaguyi Mafabik, Mr Patrick Wamakuyu Mazina and Mr Stephen Kizubo, from the House of Mwambu, had emerged as candidates for the seat.
Following the lifting of the lockdown in November 2020, the late Umukukha Mushikori called an election for December 11 at Maluku Palace.
The election was, however, boycotted by Mr Mudoma who claimed to have already been elected on October 6, 2020.
The election that was called by Mr Mushikori proceeded as planned, leaving the sub-region with two claimants to the throne. This ultimately compelled the central government to intervene.
Mr Frank Tumwebaze, who previously headed the Ministry of Gender docket, convened a meeting on May 4, 2021 where the two rivals agreed to hold fresh elections.
“We took enough time to talk at length while listening to each other in greater detail and we have correctly traced the origins of the conflict. At least now all parties agree that mistakes were made in their respective processes of electing Umukuka,” Mr Tumwebaze posted on his X (formerly Twitter) handle back then.
He also disclosed back then “that apparently there is no legally elected Umukuka III.”
He added that “they further agreed that the process of electing the next Umukuka will be repeated thru a unified structure of Inzu Ya Masaba and that all break away factions will re-integrate and submit to one structure under IYM constitution.’’
The Solicitor General in a June 7, 2021 letter declared that the processes through which both Mr Wagabyalire and Mr Mudoma were elected had been unlawful.
The term of office of the organs of the Inzu Ya Masaba which elected Mr Wagabyalire, the Solicitor General noted, had lapsed in October.
This, the Solicitor General further disclosed, invalidated Mr Wagabyalire’s election two months later.
The Solicitor General also poked holes in Mr Mudoma’s election, contending that it occurred when a court order stopping the election was in place.
In the circumstances, the Solicitor General said, there was no legitimate leader of the Inzu Ya Masaba, adding that the High Court has also not recognised any of the two factions.
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