Hillary Nsambu
30 October 2008
Kampala — THE Constitutional Court has stopped the election of the Kyabazinga of Busoga until a petition challenging the status of the kingdom constitution has been decided.
The election was to take place today at the Lukiiko in the eastern part of Jinja in Bugembe.
"It is our view to grant the application seeking to delay the election of the Kyabazinga until the issue regarding the Busoga constitution (Obwa Kyabazinga Bwa Busoga 2000) is decided," the deputy Chief Justice, Laetitia Mukasa-Kikonyogo, ruled yesterday.
Others on the panel were justices Steven George Engwau, Amos Twinomujuni, Constance Kategaya Byamugisha and Steven Kavuma.
Senior State Attorney Henry Oluka was denied a request to dismiss the application.
The court also rejected a request by John Matovu, a lawyer representing the election organisers, to give him time to file a defence.
Matovu was representing David Kawunhe Wakhooli, the chief prince of Busoga (Issabalangira) and acting Kyabazinga and Wilson Muwereza, the chairman of the chiefs' royal council.
The court agreed with Brian Musika, the lawyer representing the petitioners, that it was necessary to delay the election
The judges said the Busoga constitution discriminated against other clan leaders, who were eligible for the post of the Kyabazinga.
Crainmer Sajjabbi Imaka, 73, and Abubakar Kakaire, filed a petition on October 27, demanding that all the 11 royal clans be allowed to contest, instead of only the five.
They also said the constitution had been concealed from the Basoga, adding that it was not made in accordance with their traditions, customs, cultures, wishes and aspirations.
The two said the Government favoured Edward Wambuzi Zibondo, one of the contestants, to whom it provided military guards.
They said holding the election would be a breach of the Uganda Constitution.
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