Judge Demands Proper Notification of All Respondents in Mufti Mubaje’s Re-election Dispute

The High Court in Kampala has temporarily stalled a legal challenge against the re-election of Sheikh Shaban Ramathan Mubaje as Mufti of Uganda, citing incomplete service of court documents to all respondents. Civil Division Judge Emmanuel Baguma, presiding over the case on Monday, ordered that all 45 respondents, including Mufti Mubaje, his deputies, and members of the electoral college, be properly served by April 16, 2025. The next hearing is now scheduled for April 28, 2025.

The case, filed by a group of aggrieved Sunni Muslims led by Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya, challenges the legitimacy of Mubaje’s continued leadership. The petitioners argue that Mubaje has exceeded the mandatory retirement age of 70, as per the previous Uganda Muslim Supreme Council (UMSC) Constitution, and accuse him of mismanagement and lack of transparency.

“Muslims in Uganda have the right to have a Mufti elected following the constitution. Without transparency and accountability, trust will be lacking between the institution and those it governs,” stated Musa Kasakya, one of the petitioners, in his affidavit.

The UMSC, represented by lawyer Musa Kabega, countered that the case is a religious matter best resolved internally. They argue that the Majlis Al-Ulama, which endorsed Mubaje’s re-election, is not subject to judicial review and that the petitioners lack the authority to challenge the election.

Mubaje, who turned 70 on March 12, 2025, and has led Uganda’s Muslim community since 2000, was re-elected despite the age limit stipulated in the older UMSC constitution. The petitioners are seeking a court declaration that his re-election is illegal and an order barring him from serving another term.

However, a document circulated nationwide, advocating for Mubaje’s continued leadership, highlights the revised 2022 UMSC Constitution, which allows for an extension of the Mufti’s tenure to 75 years under Article 5(5)(b). The document also emphasizes Mubaje’s contributions to the UMSC and his role in maintaining stability within the Muslim community.

The court’s decision to mandate full respondent service underscores the procedural importance of ensuring all parties are properly notified before proceeding with the substantive issues of the case. The outcome of the legal challenge will have significant implications for the leadership of Uganda’s Muslim community.