Shamilah Bukirwa: Judiciary drops Jinja judge over Mubajje case

Lady Justice Faridah Shamilah Bukirwa not assigned after acting role, asked to hand over office and files

JINJA CITY | The Judiciary has recalled the acting Jinja High Court Circuit judge Faridah Shamilah Bukirwa.

Principal Judge Flavian Zeija on August 8 directed Lady Justice Bukirwa to hand over office and files ahead of the expiration of her tenure on August 15.

The acting judge's name was notably absent from the list of recently confirmed judges who have been serving in acting capacity.

While 15 judges were confirmed, Bukirwa was not among them, raising questions about her removal.

Reports suggest that Bukirwa may have been fired due to allegations of "forum shopping" in a case filed at Jinja Court.

The case, involving the anti-Mufti Ramathan Mubajje group, was brought before Lady Justice Bukirwa, raising concerns of a potential conflict of interest.

According to reliable sources within the Uganda Muslim Supreme Council (UMSC), one of the lawyers representing Yudaya Babirye, Bruhan Namanya, and others and alongside the General Assembly who sued the UMSC, is allegedly related to Justice Bukirwa.

This connection is believed to have influenced the decision to file the case in Jinja Court, where she presides.

The UMSC’s legal team reportedly raised these concerns in a petition to the Principal Judge, urging her to reassign the case to another judge.

The file was consequently recalled from Jinja High Court and reassigned to Justice Douglas Singiza of Civil Division.

When contacted for comment, UMSC spokesperson Ashraf Zziwa Muvawala confirmed that their lawyers included this issue in their petition.

However, a spokesperson for the Pro-Abdallah Ibrahim Ssemambo group dismissed the allegations, suggesting that the UMSC used it as a tool to discredit Justice Bukirwa.

The spokesperson argued that the claims were baseless and aimed at tarnishing the judge's reputation.

"The litigants were represented by Counsel Erias Luyimbaazi Nalukoola whereas the  General Assembly was represented by Counsel Siraje Kakeeto, Ms Adil Advocates & Solicitors, none is related to Justice Bukirwa as claimed by the Pro-Mubajje group," he said

In a letter dated August 8, Principal Judge Zeija instructed Justice Bukirwa to vacate her office and return all Judiciary property by August 15, 2024.

The letter cited the expiration of her tenure as an acting High Court judge and the absence of a formal appointment as a substantive judge from the appointing authority.

"The Judiciary did not receive from the appointing Authority your instrument of appointment as a substantive judge," Justice Zeija stated in the letter.

"Therefore, since your period as acting Judge of High Court is expiring on 15th August, 2024, this is to request you, handover your office, all Judiciary properties, and all case files before you to the Head-Jinja High Court circuit as we find out why your instrument of appointment was not received by the judiciary," the letter added.

Bukirwa's woes

Lady Justice Faridah Shamilah Bukirwa of Jinja High Court was kicked out of the case and the file was reassigned to another Judge, Justice Singiza Douglas Karekona, who is attached to the civil division court under the supervision of Justice Musa Sekaana in Kampala.

In a may 27 letter to the Principal Judge Flavian Zeija, the acting National Chairperson of UMSC Issa Gule,  demanded that the file be unconditionally referred back to Justice  Faridah Bukirwa to deliver the ruling.

“The case has exhaustively been heard and it is only pending a ruling. Reallocation of file is not only illegal, procedurally wrong, but a total abuse of office and the constitution which we shall not accept,’’ he said.

Justice Bukirwa, who was hearing the case on May 15, 2024, gave the two parties between May 22 and May 29 to file their written submissions as she also prepares to give her judgement on notice.

However, in the letter dated June 5, 2024 signed by Principal Judge Zeija, said litigants are not at liberty to choose the judge to hear the cases filed in court.

“The duty to distribute business in court is an administrative responsibility of the court. At High Court level, the duty is vested in the principal judge by Section 20 of the Judicature Act. Litigants are not at liberty to choose a judge to hear the cases they file in court,’’ he said.

Justice Zeija said the UMSC row file is not the first and the last to be transferred. He said the file was transferred to Kampala because the UMSC is headquartered in Kampala.

“Uganda Muslim Supreme Council is headquartered in Kampala and the Civil Division is vested with that Jurisdiction to hear this matter. That is what informed the decision to transfer the case to the proper court for further management,’’ he said.

Before the file was relocated to another judge, UMSC (Mubaje faction) led by Hajj Abbas Muluubya, on May 23, 2024, wrote to Justice Bukirwa to disqualify herself on her own volition from participating in the UMSC leadership row case on ground that her impartiality is reasonably in question.

Muluubya said Justice Bukirwa has personal knowledge of the disputed facts concerning the case and she is allegedly a member of the rival mufti.

“You have personal knowledge about UMSC a party to the above matter and the fact of the case by virtue of you being a member of UMSC and a practicing Muslim which renders you impartiality in the matter questionable as the gist of the matter rotates around the running of Muslim affairs by UMSC and its leadership,’’ part of the letter reads.

Hajj Muluubya through the letter added that: “It is for these reasons among others that we apply for your recusals from any further hearing that entails among others appearing before an impartial and conflicted person. Justice must not only be done, but must also be seen to be done.’’

The mufti election row

Sheikh Ssemambo was declared mufti by a section of Muslims opposed to the leadership of Mufti   Mubaje whom they accuse of messing up Muslim property.

Sheikh Ssemambo was on December 17 ,2023 elected as acting mufti but Mubaje, who has been in power for the last 24 year (elected December 11, 2000), through UMSC protested this, saying the meeting where the decision (to elect acting mufti) was was illegally convened .

The case arose after a section of UMSC general assembly members petitioned Jinja High Court questioning the conduct of UMSC affairs, particularly the irregular disposal of Muslim properties - including the UMSC headquarters at Old Kampala Hill.

As a result, Justice Bukirwa on December 12, 2023 issued several orders including allowing a special sitting of UMSC general assembly at a neutral venue to discuss issues at UMSC headquarters.

Consequently, the general assembly meeting convened at Ggangu Muslim Primary School in Wakiso District resolved to sack Sheik Mubajje over alleged misconduct and instead elected Sheikh Ssemambo as acting mufti for six month.

This comes at a time when Sheikh Mubajje is under intense pressure from the Muslim community to resign over pending sale of eight prime properties across the country, among them, the UMSC headquarters at Old Kampala to recover an outstanding debt of more than Shs19b to businessman Justus Kyabahwa after a land transaction deal went bad.

Mubaje, who is expected to relinquish power after clocking 70 years in March 2025, has since challenged Ssemambo’s election in court.

Currently, the country’s Muslims have three top parallel administrations – one headed by Mufti Mubajje at the UMSC headquarters at Old Kampala, another by a sprinter group led by Sheikh Ssemambo and the Kibuli based faction headed by Supreme Mufti Sheikh Muhammad Galabuzi.