High Court dismisses petition against Bamasaba cultural institution

Kampala, Uganda | THE INDEPENDENT | Mbale High Court Judge Jesse Byaruhanga has dismissed with costs an application filed by Nelson Wedayila and James Kangala against the Bamasaba cultural institution officially known as Inzu Ya Masaba. The two ran to court after they were dismissed by the Masaba cultural council in a meeting held in Bungoma district in Kenya last year.

Kangala was replaced by John Wepondi as secretary while Wedayila was replaced by Rose Nelima as the speaker of Bamasaba cultural institution. The two were accused of fueling divisions in the cultural institution and spreading false information against the Umukuka, Bob Mushikori.

They were accused of claiming that Mushikori has no wife, home and children and is involved sexual affairs with young girls among other accusations which contravene the constitution of the Inzu Ya Bamasaba and embarrassing to the institution.

Shortly after the council meeting, the two sued Inzu Ya Masaba at Mbale high court challenging their dismissal as illegal and the decision to convene the cultural council in Kenya which decided their dismissal. They also said they had strong evidence on the allegations leveled against Mushikori.

However, on Wednesday morning, Justice Jesse Byaruhanga dismissed the petition saying the matters should have been presented before the cultural council as provided for in section 16 of the Cultural Council Act, 2011 that provides for the resolution of such disputes by the council elders before they end up in court.

He however concurred with the petitioners about the cultural council meeting in Kenya, which is another country. Nevertheless, he dismissed the application with costs saying the dispute should be resolved by the elders at Masaba cultural institution.

Wedayila, one of the petitioners said the ruling must be a lesson to the leadership of the institution before they make decisions. Matthias Nabuteri, the Deputy Prime Minister Bamasaba Cultural Institution said they will decide on the ruling after hearing from the attorney general.

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