The High Court has officially struck out a case in which a group of Luwero Christians had dragged the Church of Uganda Arch-Bishop, the Most Rev. Dr. Steven Samuel Kazimba Mugalu, to court. They accused him of refusing to consecrate Rev. Canon Ssemakula Kasana as the 4th Bishop of Luweero Diocese.
The controversy stemmed from a decision made on June 28, 2023, by the House of Bishops, who were meeting at Kabalega Resort Hotel in Hoima. They nullified the election of Rev. Canon Kasana following credible information that the Bishop-elect’s integrity was under question and misrepresented during the nomination.
Unsatisfied with the decision, a faction of Christians sought legal redress. In a suit filed on July 23, 2023, Christians from various Anglican churches in Luwero contended that the House of Bishops lacked the mandate to adjudicate ecclesiastical offenses. They argued that such matters should be reserved for the Diocese and provincial tribunals.
The plaintiffs also asserted that Canon Kasana’s fundamental right to a fair hearing was not fully observed, as he was never summoned to present his defense. The aggrieved Christians petitioned the High Court to issue an injunction halting the House of Bishops from nominating another candidate and to declare the nullification of Kasana’s election null and void.
In a twist of events, Arch-Bishop Kazimba Mugalu counter-sued the aggrieved Christians, arguing that their case was filed against the wrong party. He clarified that he was not the one who made the decision to nullify Canon Kasana’s election.
In today’s ruling, Justice Zeija emphasized that it is not within the purview of the courts to adjudicate disputes related to the consecration of Bishops, as these matters are inherently spiritual and fall outside the competence of secular courts. He advised the congregation to utilize the appropriate ecclesiastical bodies within the Anglican Church to resolve such disputes.
Consequently, the High Court dismissed the case brought against Arch-Bishop Kazimba Mugalu, as it was filed in error.
Rev. Canon Kasana’s election had been nullified following allegations made by a section of Luwero Diocese Christians, led by Kenneth Kikabi. They accused Kasana of fathering a child outside wedlock, a perceived violation of the Ten Commandments and Canon laws. Kasana’s election followed the retirement of Rt. Rev. Eridard Kironde Nsubuga, who had reached the mandatory retirement age of 65.
Meanwhile, Rt. Rev. James Williams Ssebagala, the retired Mukono Diocese Bishop, has been appointed as the caretaker of Luwero Diocese, as the nomination committee seeks additional time to organize and nominate new candidates for the episcopal role.
