The internationally acceptable inalienable and fundamental right to good health is one of the important issues that the Hoima High Court Judge, His Lordship Justice Jesse Rugyema Byaruhanga, based on to pass his verdict.
In an official document accessed by Kazi-njema Video Unit, court ordered that the Omukama (King) of Bunyoro Kitara Kingdom must be airlifted overseas for medical management.
The judge said that it is a fundamentally universal right for Omukama Dr Solomon Gafabusa Iguru I not to be denied a right to life and positive health that entails a complete physical, mental and social wellbeing.
The ruling is in the ambit of the suit in which Omukama Iguru’s nephew, Prince Apollo Kisoro, applied to court to order that the Royal Highness is taken for specialised medical treatment anywhere in Uganda or overseas.
This is also based on the Omukama’s security advisor cum veteran soldier, Mr Yowasi Isingoma’s supplementary affidavit.
Through the applicant’s counsel, Mr Jotham Mugarura and Elias Tumwebaze, Prince Kisoro said that Omukama Iguru’s right to health was being denied since he is ill or sickly and some officials in the kingdom were not bothered to take him for treatment.
Justice Byaruhanga said that the numerous cases filed in the High Court of Uganda at Hoima that confirm Prince Kisoro’s application content highlighting power struggle among Bunyoro Kitara kingdom officials, call for the Omukama’s right to be taken for treatment.
Citing Civil Suit No. 030 of 2022 among others, the struggle for power between Mr John Musungu and others and Omukama Iguru’s son, Prince Richard Kitahimbwa and others as put by Prince Kisoro makes it inevitable to have the Omukama treated since they show health shenanigans at play at the detriment of Omukama’s health.
“The Omukama, Dr Solomon Gafabusa Iguru I, has been sickly or ill or weak for some time and needs urgent medical attention or treatment anywhere in Uganda or any part of the world. However, the different officials in Bunyoro Kitara Kingdom are plunged into power struggles which have overshadowed the ill health of the Omukama,” the application reads in part.
Years have passed without the Omukama presiding over the annual coronation anniversary locally known as Empango reportedly due to ill health; the condition that Prince Kisoro wants to be corrected.
“Once the Omukama secures the specialised medical treatment, he will be able to perform his official duties,” Prince Kisoro said in his application.
Through his advocate, Prince Kisoro said that he has secured an appointment in Indraprastha Apollo Hospitals, Sarit Viha in New Delhi, India and all financial resources for the Omukama and his attendant’s travel to India suffice.
Justice Byaruhanga said that since the applicant said that the process of treatment of the Omukama will be made transparent, accountable and just given that the Royal Highness is an important person in the Bunyoro Kitara Kingdom as a king to his subjects and also to Uganda as a cultural leader, it was fit for the complainant to be granted his application to enforce the Omukama’s human rights.
“In the instant case, the applicant is a prince in Bunyoro Kitara Kingdom……a member of the royal clan and the King’s nephew. …..I find that the applicant qualifies……..I also find that the applicant together with the other members of the royal family and or medical experts to be fit and a proper person to take care of the Omukama, Dr Solomon Gafabusa Iguru I when pursuing his medical attention and treatment.” Justice Byaruhanga ruled.
Adding: “The fact that the applicant has specified that he has mobilised enough financial resources to take care of the Omukama’s medical treatment, travel and the King’s attendant, with evidence that the Omukama Dr Solomon Gafabusa Iguru I has been ill for a long time and very weak, and the visa application recommendation for the Omukama to travel to Apollo Hospitals, New Delhi, India for medication attention, I also find the applicant to be fit to take care of the Omukama, Dr Solomon Gafabusa Iguru I when pursuing his medical attention and treatment.”
The judgement took place at the High Court held in Hoima city on October 11, 2024.
However, in response to the court order, the Omuhikirwa (Prime Minister) of Bunyoro Kitara Kingdom, Mr Andrew Kirungi Byakutaga, said that the kingdom’s legal team is looking into the matter.
“The King’s family and our [kingdom] legal team will handle this matter.”
Aside from the Hoima High Court order
In his reported Royal Declaration dated May 16, 2018, at Kampala, Omukama Iguru I called for the central government intervention reportedly claiming that he had been held in captivity.
The Omukama also said that he was declared insane by a section of people in the kingdom but on the contrary he was safe and sound.
Citing among others his son, Prince Richard Kitahimbwa; the current Omuhikirwa Byakutaaga; the Chairman Royal Commission, Fred Kabagambe Kaliisa and Mr Yolamu Nsamba – a member on the Royal Commission, the Royal Highness asked the central government to get rid of such people from his palace at Hoima.
This was the reported re-assertion of the earlier reported Royal Declaration dated April 3, 2018, in Kampala, that the Omukama signed before the now retired and then Principal Judge of the High Court, Dr Yorokamu Bamwine, witnessed by His Majesty’s advocate, Andrew Sebugwawo (Esq) and the then Omutalindwa (Speaker) of Bunyoro Kitara Kingdom, Rt Hon Jos Wamara.
“I wish to inform all Banyoro and the public at large that I am not insane or of unsound mind as has been reported by some imposters who are now holding me in captivity in my palace, thereby preventing me from exercising my powers and functions as the Omukama of Bunyoro Kitara. Some of these imposters include my son Kitahimbwa Richard, Andrew Byakutaga, the purported Omuhikirwa; Nsamba Yolamu…..and Kabagambe Kaliisa…….” The reported Royal Declaration read in part.
“I appeal for intervention from the central government particularly from the Ministry of Justice and Constitutional Affairs, Ministry of Internal Affairs, Ministry of Defence and Ministry for Culture. I want all those imposters holding me in captivity to be removed from my palace. I want vacant possession of my palace at Hoima and in all my other premises,” Omukama Iguru I continued in the document.
Omukama Iguru’s siblings denied access to him
In March 2021, five members of the royal family and other Babiito royal clan members were turned away from accessing Karuziika palace in Hoima city.
The five who included Princesses Joan Winyi Gafabusa, Margaret Kabakwonga, Stella Kabagahya, Beatrice Kabahande and Prince Samuel Nyaika, all siblings to Omukama Iguru, were blocked at the entrance by the Uganda People’s Defence Forces (UPDF) soldiers who were guarding the palace.
Princess Joan Winyi Gafabusa who led the delegation from Masindi said that the royal members had gone to visit and discuss with their sibling Omukama Iguru some key family issues including land grabbing and the mismanagement of the kingdom properties by some palace officials.
“We had come to check on him such that we can chat a way forward on how we can revive the dignity of our kingdom. We have been sidelined and enough is enough. How do you deny access to the real administrators of the king’s estate?” she asked.
Prince Nyaika demanded that the Chief of Defence Forces (CDF) should explain whether he deployed soldiers at the palace to deny them access.
“We are wondering to see soldiers blocking us from accessing our home. The Chief of Defence Forces should come out clearly and explain this kind of behaviour,” he demanded.
Captain Opio, who was the Commandant of the UPDF soldiers guarding the Bunyoro Kitara Kingdom palace, responded that his juniors acted professionally since he did not receive any notification from the kingdom officials about the Omukama’s siblings’ visit.
“We follow procedures. You must inform the kingdom officials and security in time and you have to be granted permission to meet the King. We cannot just allow anybody in the palace,” said Capt Opio.
Mr Byakutaaga, the Omuhikirwa of Bunyoro Kitara Kingdom, explained why the five members of the royal family and other Babiito royal clan members were turned away from accessing Karuziika palace.
He faulted them saying they failed to inform the kingdom authorities of their planned visit explaining that not everyone can meet the Omukama at any time as they wish since there are procedures that must be followed.
“This is a respected place and, therefore, we expect people coming to visit His Majesty the King to first write to us and wait for instructions. You cannot just storm the palace as if you are entering your house. Let them officially write to us, then we shall allow them in but not just storming the palace,” Mr Byakutaga said.
However, Princess Winyi wondered why they could be blocked from accessing the palace to meet their brother making them persona non grata to their sibling, Omukama Iguru.
The vendetta in Bunyoro Kitara Kingdom continues leaving it in tatters as the Omukama’s subjects question the kind of moral fibres being manifested in the once powerful cultural institution.
