Wambuzi petitions over kyabazingaship
Jun 02, 2009
THE embattled Kyabazinga-elect, Edward EColumbus Wambuzi, has asked the High Court in Jinja to cancel an interim order restraining him from holding office.
By Esther Mukyala
THE embattled Kyabazinga-elect, Edward EColumbus Wambuzi, has asked the High Court in Jinja to cancel an interim order restraining him from holding office.
The Bugweri hereditary ruler, Fred Menha Kakaire, filed the petition on May 7.
“I was surprised to be served with an election petition and an interim order restraining me and Obwa Kyabazinga Bwa Busoga from swearing me as the Kyabazinga of Busoga,†Wambuzi said in an affidavit.
“This court has no jurisdiction to entertain an election petition and, therefore, had no jurisdiction to issue the interim order which I pray to be set aside and costs of this application be provided for.â€
Wambuzi argued that since he was already carrying out his duties as the Kyabazinga, an injunction could not restrain him.
But Kakaire’s lawyer, Henry Wambuga, said, Wambuzi was not a Kyabazinga because a court order restraining him from using the title was still standing.
“If they are dissatisfied with the order, they appeal at the High Court,†he said.
Wambuzi’s lawyer, John Matovu, argued that the court order was not binding since the Constitution does authorise the High Court to hear the petition involving the kingdom.
“Parliament has not made a law where a loser in an election can contest. Unless the law is in place, you can only settle the matter in the cultural institution.
Therefore, any dispute in Busoga cannot be solved in court,†Matovu said.
The High Court has set Thursday as the date for preliminary hearing of the case.
THE embattled Kyabazinga-elect, Edward EColumbus Wambuzi, has asked the High Court in Jinja to cancel an interim order restraining him from holding office.
The Bugweri hereditary ruler, Fred Menha Kakaire, filed the petition on May 7.
“I was surprised to be served with an election petition and an interim order restraining me and Obwa Kyabazinga Bwa Busoga from swearing me as the Kyabazinga of Busoga,†Wambuzi said in an affidavit.
“This court has no jurisdiction to entertain an election petition and, therefore, had no jurisdiction to issue the interim order which I pray to be set aside and costs of this application be provided for.â€
Wambuzi argued that since he was already carrying out his duties as the Kyabazinga, an injunction could not restrain him.
But Kakaire’s lawyer, Henry Wambuga, said, Wambuzi was not a Kyabazinga because a court order restraining him from using the title was still standing.
“If they are dissatisfied with the order, they appeal at the High Court,†he said.
Wambuzi’s lawyer, John Matovu, argued that the court order was not binding since the Constitution does authorise the High Court to hear the petition involving the kingdom.
“Parliament has not made a law where a loser in an election can contest. Unless the law is in place, you can only settle the matter in the cultural institution.
Therefore, any dispute in Busoga cannot be solved in court,†Matovu said.
The High Court has set Thursday as the date for preliminary hearing of the case.