High Court Halts Regents Appointment in Bunyoro Kitara Kingdom

Summary:

• The High Court in Hoima issues a temporary injunction preventing the Minister of Gender, the Chief Prince, and the Royal Commission Chairman from appointing regents for the Bunyoro Kitara Kingdom, following objections from the royal family members of Omukama Iguru.

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The High Court in Hoima has issued a temporary injunction against the Minister of Gender, Labour, and Social Development, the Chief Prince (Okwiri) of Bunyoro Kitara Kingdom, and the Chairman of the Royal Commission. This injunction prohibits them from appointing regents and restrains them from carrying out any actions related to such appointments.

Minister Amongi, Chief Prince Okwiri Eng Fred Mugenyi Rucunya, and Chairman of the Royal Commission Dr. Fred Kabagambe Kaliisa had taken steps to appoint regents to govern in place of Rukirabasaija Aguta mba (RA) Omukama of Bunyoro Kitara Kingdom, His Highness Dr. Solomon Gafabusa Iguru. They argued that the current ill health of Omukama Iguru necessitated the appointment of regents to manage kingdom affairs on his behalf.

This move prompted displeasure among the royal family members of the late Omukama Sir Tito Winyi, to whom Omukama Iguru belongs. Consequently, the royal family filed a lawsuit against the trio, asserting that they lacked the legal, traditional, or cultural authority to appoint and install regents in place of Omukama Iguru.

The royal family argued that appointing regents while Omukama is still alive would be equivalent to a coup, contrary to the customs and traditions of Bunyoro Kitara Kingdom. They also contended that the trio’s proposed regency principles amounted to a coup against Omukama.

In response, Eng Rucunya and Dr. Kaliisa defended the purpose of appointing regents, stating that it aimed to support Omukama with administrative duties during his sickness, not to replace him.

During the court session, the respondents’ counsel objected, claiming that the court lacked jurisdiction to grant the application. However, the plaintiffs’ counsel argued that regency is not a traditional concept and that the court has the residual power to issue preservative orders despite the arbitration clause.

In a ruling dated December 20, 2023, Justice Jesse Byaruhanga Rwigyema agreed with the applicants’ counsel, acknowledging regency as a concept. He emphasized the absence of evidence declaring Omukama Iguru’s incapacity and affirmed that the court had jurisdiction to hear the case. The judge expressed doubt about the respondents’ agenda and concluded that maintaining the status quo of Omukama Iguru’s rule is in the best interest, ruling in favor of the applicants. However, no specific date for further proceedings was mentioned.