31 October 2008
Kampala — The Constitutional Court yesterday ordered the stay of the elections of a new Busoga Kyabazinga, which were scheduled to take place today.
The court ordered that the elections be stayed until the final determination of the petition. But the Busoga Kingdom administration based at Bugembe in Jinja vowed to proceed with the elections. "The elections will proceed as planned," the kingdom spokesman, Mr Michael Kifubangabo, told Daily Monitor by telephone.
"Ours is a cultural institution whose activities cannot be interfered with by court processes. I understand that very court declared that LCs (local councils) were illegal, but I still see them operating, so what are you talking about?"
A panel of five judges led by Deputy Chief Justice Laetitia Mukasa Kikonyogo temporarily blocked the elections to replace Kyabazinga Henry Wako Muloki who died of cancer on September 1, basing on claims by some two concerned Basoga that there are irregularities and interference in the process.
The petitioners: Mr Cranmer Sajjabi Imaka (73) and Mr Abubakar Kakaire partially convinced the judges that provisions of the Busoga Constitution of 2000 and other procedures followed in the Busoga cultural elections, the Uganda constitution.
They contend that the Busoga Constitution grossly segregates against the other royal clans plus interested contestants and that there was no consensus before its promulgation in 2000. The main petition seeks the nullification of the document. The petitioners also claim there is state influence in the process, contending that one of the candidates, Mr Edward Zibondo Wambuzi (late Muloki's son) was given military escorts, among other things.
The court unanimously held the there is a high probability that the Busoga constitution and the planned elections may "not be in accordance with the cultural norms and traditions of the people of Busoga".
Other judges are George Engwau, Amos Twinomujuni, Constance Byamugisha and Steven Kavuma. Internal Affaires Minister Ruhakana Rugunda, under whom Police falls, and the Force boss Maj. Gen. Kale Kayihura could not be reached for comment.
But a Kampala lawyer said Busoga must comply with the injunction saying no one is above the law, including cultural institutions.
Jinja's District Police Commander John Cohen Arinaitwe, told Daily Monitor that he was not aware of the court order, and that he had already deployed security to ensure the smooth running of the elections today. He said he had not yet received alternative instructions. "Once a court order is in place, it has to be respected. It may not stop them from proceeding, but whatever their actions can be challenged.
They may actually be held in contempt of a court order and could be prosecuted, the lawyer who will not be named because of the sensitivity of the case, said. In July the Busoga Kingdom ignored a court injunction against swearing in of a new cabinet.
Reported by Solomon Muyita, Lominda Afedraru & Abubaker Kirunda
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