Court throws out Mubaje re-election case

KAMPALA - The High Court in Kampala has dismissed a case in which a group of Muslims were challenging the re-election of Mufti of Uganda Sheikh Shaban Ramadhan Mubaje, for another term of five years after turning 70.

In their judicial review application, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya were seeking, among others, a declaration that Mubaje was not eligible for re-election for another term after turning 70 years as per the amended Uganda Muslim Supreme Council (UMSC) constitution 2022.

Dismissing the case in a ruling dated July 1, 2025, High Court Judge Bernard Namanya, invoking the religious question doctrine, ruled that courts are not competent to inquire into and resolve a religious dispute concerning the election of the Mufti.

“This religious dispute can best be resolved by leaders of the Muslim faith in Uganda, their followers and by Muslim leaders at a global level,” Justice Namanya ruled.

Citing Article 28 (1) of the UMSC Articles of Association 2022, which establishes an arbitration mechanism for UMSC, Justice Namanya said if a dispute between the parties is subject to arbitration, the court shall refer the matter to arbitration.

“The net effect of this is that the applicants are improperly before the court as they should have referred the dispute on the election of His Eminence Sheikh Shaban Ramadhan Mubaje as the Mufti of Uganda to the Muslim Arbitration and Conciliation Council (MAC) established under Article 28 of the UMSC Articles of Association,” Namanya ruled.

Namanya also noted that UMSC is not a public body amenable to judicial review.

The judge said the only way that UMSC, a private body, can be subjected to the supervisory power of the court under judicial review is only when it is proved that it carries out activities of a public nature with public law consequences, combined with proof that the private body exercises some form of governmental power.

“In the case before me, there is no evidence that the activities of UMSC have been interwoven into the fabric of government regulation or control,” Justice Namanya noted.

Although the activities of UMSC impact about nine million Sunni Muslims in the country, rendering its functions public in nature, Justice Namanya said its functions are not governmental in nature, and its activities have not been interwoven into public or government regulation.

“For the reasons given above, UMSC or any of its officials that were listed as co-respondents are not subject to the supervisory power of the court under judicial review,” Justice Namanya said.

The decision upholds the election of Mubaje for another term of five years.

Byansi and the group argued that having served for more than 24 years far beyond the 10 years provided for under the new UMSC constitution, Mubaje was disqualified as per articles 5 and 29(12) of the Muslim constitution.

They wanted the court to issue an order directing the college of eminent sheikhs at UMSC known as Majlis al-Ulama, to commence the process for electing and vetting the new Mufti of Uganda.

Several lawyers have criticised the decision, saying the High Court has inherent powers under Article 139 of the Constitution to adjudicate on all matters.

However, UMSC officials have since welcomed the decision, saying those opposed to the current leadership should comply with the court’s ruling.