Mbarara Boda Boda Riders Loose Election Case Against Town Clerk, Council

The High Court in Mbarara has dismissed a case filed by six Boda Boda riders against the Mbarara City Council and the Town Clerk, challenging the suspension of their leaders' elections. The court deemed the case incompetent and ruled in favor of the respondents, awarding costs to the defendants.   Led by Luganda Magidu, Arinaitwe Edward, Mastkio Bashir, Musasizi Evarisito, Bintukwanga Ronald Kigundu, Rukundo Aggrey, the riders under Mbarara City General Boda Boda Operators' Association petitioned the court in March seeking a judicial contesting the suspension of their association's leadership elections.

They asked the court to give them an injunction to halt the interference in their electoral process. They also claimed damages with 24% interest per annum, as well as costs with 24% interest from the date of taxation until payment in full.  The City Town Clerk had issued a letter suspending the leadership election exercise, justifying the action within the framework of the Mbarara City General Boda Boda Operators' Association.

However, the court presided over by Hon Justice Joyce Kavuma, found that the dispute stemmed from the association's constitution, governed by private law principles, rather than public law. Judge Kavuma highlighted that the Association's constitution held provisions for dispute resolution through internal meetings and escalation to community figures if necessary. Given this internal governance structure outlined in the Association's constitution, the court deemed the case beyond the purview of judicial review. Consequently, the application was dismissed with costs, as the the matter fell under the contractual realm governed by the Association's constitution, to which both parties had subscribed.