The Principal Judge, Dr.Flavian Zeija has ruled that the case by a section of Christians in Luweero Diocese against the Archbishop of the Church of Uganda Stephen Kaziimba Mugalu challenging the nullification of the election of the then Bishop-elect, Canon Kasana Ssemakula lacks merit and consequently thrown out of court.
In June, the House of Bishops sitting at Kabalega Resort Hotel in Hoima nullified the election of Rev.Canon Kasana Ssemakula as the fourth bishop of Luwero Diocese on grounds of integrity after reports of infidelity were filed.
It was said the new bishop had an affair outside the wedlock and to this he fathered a child.
Following the new bishop's nullification, a group of six Christians from Luweero Diocese dragged Archbishop Kaziimba over the decision.
Meanwhile, Kaziimba challenged the decision to sue him saying it was wrongly done.
On Wednesday, the Principal Judge ruled that the case by the section of Christians from Luweero Diocese was brought against the wrong party and stands no chance of success against Archbishop Kaziimba.
Dr.Zeija ruled that religious controversies cannot be subject of civil court inquiry.
Quoting article 29, the Principal Judge said Uganda's constitution provides for freedom of worship which cannot be violated.
" It goes without saying that it provides for religious freedom to subscribe to certain faith and to unsubscribe. Once you subscribe to a certain faith, you must go by its tenets. The respondents subscribe to the Anglican faith. The Anglican Church in Uganda has certain cannons it follows. Without a doubt, the canons provide for how a bishop is appointed in the church," Dr.Zeija said.
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It also provides for how the disputes relating to election of bishops are resolved. It is not the business of this court to entertain disputes relating to consecration of a bishop. Courts cannot appoint a bishop for the church. That is a spiritual matter for which courts cannot claim to be competent. The Anglican Church in Uganda has all the necessary bodies to resolve such a disputes."
According to the Principal Judge, since courts of law cannot be seen to be appointing bishops for the church, the case against Archbishop Kaziimba cannot succeed but asked Christians to take the matter to necessary bodies within the Anglican church in Uganda.
"The civil suit( by section of Christians against Kaziimba) is hereby dismissed as it lacks merit and is not tenable at law. Each party should meet their costs of the suit to promote reconciliation in the church."
