By Weswa Ronnie
The High Court sitting in Mbale on Tuesday finally settled the long-standing cases between Inzu Ya Masaba and Inzu Ya Bugisu, a dispute that has persisted for four years. The matter was resolved through mediation involving both parties.
The mediation process lasted two days, starting on Monday and concluding successfully yesterday on Tuesday.
The Government of Uganda, through the Ministry of Gender, Labour and Social Development, petitioned the High Court to mediate between the two parties as part of efforts to promote peace, harmony, and equality in Masaba land, instead of allowing the cases to drag on in court.
On Monday, before the mediation began, Justice Andrew Khaukha of the Mbale High Court, together with three other judges Honorable Justice Richard Butiree , solicitor general Mr Francis Atoke and emeritus president Uganda laws society Mr.Francis Gimara on the panel, asked both sides to narrate their grievances and state the way forward.
Eddy Nangulu, the lawyer representing the applicants, including John Amuramu Wagabyalile, who was genuinely elected as Umukuka III but was not gazetted by government in favor of Mike Mudoma, Engineer Darlington Sakwa, Chalise Mungoma, Allan Makwata, Charles Walimbwa Peke, Ahmed Washaki, David Wakane, Jorum Mayatsa, Lilian Mutonyi, and others, presented five key issues he wanted addressed during the mediations.
Geoffrey Magane, the lawyer representing Yahaya Masolo, another applicant, was also given a chance to speak. He stated that his client wanted the following to be agreed upon during the mediation: that the Constitution of Inzu Ya Masaba be restored, and that the five-year term of Mudoma has expired, so he should vacate office.
Isaac Masanga, the lawyer representing the respondent, Mike Mudoma, the Umukuka of Inzu Ya Bugisu, said that since his client assumed office he has been battling court cases. He added that if the period is counted from the date of gazettement, Mudoma has only served three years, meaning he still has two more years to complete his term before the seat is handed over to the Wanale clan to elect the 4th Umukuka.
He further stated that they want the court, in the mediation process, to prioritize granting Mudoma the remaining two years to finish his term before considering the terms proposed by the applicants.
The lawyers of each party, together with their clients, were then called for separate closed-door meetings of about 2 hours with Justice Khaukha and the other three panel members in a private room.
After the separate closed-door meetings, Justice Khaukha and the three panel judges returned to chambers and began hearing views from members of the public and other Inzu Ya Masaba and Inzu Ya Bugisu leaders who had come to court, to gather opinions on the matter and come up with one agreeable position.
After the separate closed-door meeting, Justice Khaukha and the three panel judges returned to chambers and began hearing views from the public and other Inzu Ya Masaba and Inzu Ya Bugisu leaders who had come to court, to gather their opinions on the matter and come up with one agreeable position.
The mediation continued until Tuesday at 9:00 PM, after which the final agreed position between the two parties was presented to the media.
Justice Andrew Khaukha of the Mbale High Court, who led the panel, read out the following decisions agreed upon by both parties:The name Inzu Ya Masaba has been restored*, and “Umukuka wa Bamasaba” is recognized as the cultural leader. As a result, the name “Inzu Ya Bugisu” and “Umukuka wa Bugisu” are now null and void, Mike Mudoma, the current Umukuka, has been granted an additional 2 years. His term of office will now expire in July 2028, The Inzu Ya Masaba Constitution of 29/04/2011 has been restored, with a clause that there shall be no amendments until Mudoma’s term expires,The rotational governance among the three clans Mwambu, Mubuya, and Wanale has been restored. This means Mudoma’s “life kingship” is null and void, and his term will officially end on 26th July 2028,All pending cases between both parties shall be withdrawn, Each party shall bear its own legal costs.
After the mediation, each party appended their signatures to the decisions to show ownership, commitment, and respect for the agreement, and to avoid any breach. Both parties were also given copies of the agreement.
At the end of the court proceedings, Justice Khaukha asked both sides to hug and greet each other as a sign of unity and reconciliation.
Engineer Darlington Sakwa, one of the applicants, expressed happiness that the long-standing grievances had finally come to an end, saying it showed unity in Masaba land.
“I call upon Mudoma and other parties to respect the court mediation decisions,” Engineer Sakwa said. “Failure to abide by them will lead to arrest. We cannot leave our work at home, spend two days here, and later have someone violate the decision. The law will take its course.”
Mike Mudoma, the Umukuka of Inzu Ya Bugisu, who is now recognized as Umukuka wa Bamasaba of Inzu Ya Masaba, urged the Bamasaba to unite, work together, and develop Masaba land.
“I, Mudoma, apologize to all Bamasaba for what has been happening, and I have also forgiven them,” Mudoma said. “I request those who have been opposing me to come and work with me during these remaining two years to develop Bumasaba.”
