The ruling was as a result of an application filed in 2014 by Prince Apolo Kisoro, the former Bunyoro Kingdom Minister for Tourism and Personal Assistant to the King following the King’s ill health.
Omukama Iguru of Bunyoro Kitara Kingdom. Court has ruled that he should be taken to India for treatment following his illness. Photo by Emmanuel Okello..
The Hoima High Court Judge Jesse Byaruhanga has ruled that the King of Bunyoro Kitara Kingdom Dr. Solomon Gafabusa Agutamba
Rukirabasiija Iguru be taken for specialized treatment in India.
The ruling was a result of an application filed in 2014 by
Prince Apolo Kisoro, the former Bunyoro Kingdom Minister for Tourism and
Personal Assistant to the King following the King’s ill health.
Prince Kisoro in his application was seeking the court to issue
orders to take the King to the hospital for medical treatment in India because
he was ill yet those taking charge of him were not bothered about his deteriorating
health condition.
On Thursday, the High Court in Hoima ordered that
the King be taken for specialized medical treatment in India or any other
Hospital in the World with the best facilities.
In his Application, Prince Kisoro disclosed that he had
secured appointments with different Hospitals in New Delhi India and had
mobilized enough financial resources to take care of the King’s Medical
Treatment, travel and attendants.
He further stated then that, he had mobilized enough resources to
take care of the King’s Medical treatment thus the cost of treatment or medical
consultation by the King would be catered to by the applicant and there is no risk
of the King being stuck in the hospital anywhere.
The applicant was represented by Counsel Jotham Mugarura
and Counsel Elias Tumwebaze who submitted and stated that King Dr.
Solomon Gafabusa Iguru the 1st has been sickly or ill and weak and needs urgent medical attention or treatment anywhere in Uganda or any other
part of the World.
They noted that Prince Kisoro was acting in the interest of
the King of Bunyoro, thus made the application to make the process of the
treatment of the Omukama transparent, accountable and just since the King is an
important person in Bunyoro Kitara Kingdom as a King to his subjects and also
to Uganda as a Cultural Leader.
They stated that once the Omukama secures the specialized
medical treatment he will be able to perform his official duties.
In the ruling, the Hoima High Court Judge Jesse Byaruhanga
ordered that the Omukama of Bunyoro is mandated to enjoy his right to health
irrespective of his current health status. He added that the King should be
taken for medical examination and further management when found sick or
ill.
When contacted for a comment Kisoro said, he was happy with
the ruling.
“This application has been in court for the last 10 years
but am happy with the ruling” says Kisoro.
The Bunyoro Kitara Kingdom Prime Minister Andrew Byakutaga noted
that the King’s Family and their Legal Team will handle the matter. He however said that the King has been undergoing treatment in the country and abroad.
//Cue in: “But anyway the…
Cue out:…will handle that.”// “
The Bunyoro Chief Prince (Okwiri) Eng.Fred Mugenyi Rucunya welcomed the ruling noting that the King has not been
performing his official duties for almost seven years due to ill health.
//Cue in: “Encwamu ya court…
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Yoasi Isingoma, a close friend of the Omukama who was one
of the witnesses stated that Prince Kisoro and other people were
forced to go to court after realizing that the King’s Health had deteriorated
and there were delays to take the King to the Hospital.
//Cue in: “Ekyo Kirungi muno…
Cue out:…Omukama tibakyamu manya.”//
Charles Ochak Nyabongo a prince from Bunyoro says this has
been long overdue because the King has been ill for a long time and that he has not been able to perform his duties.
//Cue in: “Na nyowe nku…
Cue out:…kandi biku hwaho.”//
Tensions within the Bunyoro Kitara Kingdom administration
have escalated recently following conflicts between the Babiito, the ruling
clan, and Andrew Byakutaga, the Kingdom’s prime minister.
On September 2, 2024, the Babiito clan dismissed Byakutaga
and appointed an interim cabinet.
The new cabinet includes key figures such as
Owek. Kugonza Miganda, the Interim Speaker and Chairperson of the Clans
Consultative Council; Owek. John Apollo Rwemparo, the First Deputy Interim
Prime Minister and Minister of Tourism; and Owek. Stephen Mukitale, the Second
Deputy Interim Prime Minister and Minister of Oil and Gas, among others.
The interim cabinet, led by Interim Prime Minister Dr.
Baltazar Kyamanywa Kasirivu, was sworn in on September 15, at the residence of
the Chief Prince (Okwiri) in Hoima City, with Robert Atega, a commissioner of
oaths from the Hoima High Court, overseeing the ceremony.
However, Byakutaga
stated on September 16th condemning the swearing-in as
illegal and baseless, arguing that it violates Article 246 of Uganda's
Constitution and the Traditional and Cultural Institution Leaders Act of 2011.
He asserted that only the cultural leader (Omukama) of the
Bunyoro Kitara Kingdom has the authority to appoint or dismiss officials.
Byakutaga accused the Okwiri of forgery, alleging that a document claiming the
Omukama had transferred his powers to the Okwiri was falsified. He emphasized
that the Okwiri's role is purely cultural and does not include acting on behalf
of the King or the Kingdom.
The decision to appoint the interim cabinet followed an
emergency meeting by the Babiito clan on September 1, 2024, where they issued a
one-week ultimatum for Byakutaga to vacate his office, alleging that his tenure
was illegal.
The clan expressed dissatisfaction with the Royal Commission's
decision in July to extend Byakutaga's term by one year.
Eng. Fred Mugenyi Rucunya, the Okwiri (Chief Prince),
criticized the extension as unlawful, asserting that the authority to manage
Kingdom affairs in the Omukama's absence lies with him, not the Royal
Commission.
Despite this extension, the Babiito clan's directive for
Byakutaga's immediate departure has led to the current dispute.
The Bunyoro Kitara Kingdom has been without a functioning
parliament and cabinet ministers for a year due to Omukama's illness.
Byakutaga was first appointed Prime Minister on January 15,
2018, by Omukama Solomon Gafubusa Rukirabasaija Agutamba Iguru I.
In January
2022, Byakutaga was suspended by the Babiito clan over allegations of
mismanagement and other accusations, but the Royal Commission reinstated him,
affirming the Omukama's sole authority over such matters.