Hoima, Uganda | THE INDEPENDENT | 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.
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.
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.
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.
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.
*****
URN