Mubaje gains upper hand in Mufti office row

By Ahmed Idriss
Four Muslims who petitioned the High Court challenging the extension of the Mufti of Uganda's
term of office have withdrawn two interim applications, though their main constitutional challenge
remains pending.
The applicants—Kalokola Musa, Kasakya Musa, Byansi Twaib, and Nsimbe Swaibu—formally
dropped Miscellaneous Applications No. 181 and 182 on Tuesday before Justice Bernard Namanya at
the High Court Civil Division in Kampala.
Their lawyer, Counsel Kizito Farouk Kamulegeya, told the court the applications had been overtaken
by events after the Uganda Muslim Supreme Council (UMSC) completed key electoral processes.
The withdrawn applications sought to block Sheikh Shaban Ramadhan Mubaje from being sworn in
for another five-year term and from exercising his duties pending the main case.
The petitioners acknowledged that UMSC's Majlis Al-Ulama, Executive Committee, and Joint Session
had already endorsed Mubaje's re-election, leaving only formal ratification by the General Assembly.
However, they maintained their central argument in the main case (Miscellaneous Cause No. 65 of
2025) that Mubaje's 24-year tenure violates the UMSC Constitution's 10-year limit under Articles 5
and 29(12). They also contend that at 70 years old, he is ineligible for re-election under the amended
constitution.
Counsel Musa Kabega, representing UMSC, did not object to the withdrawals but indicated the
council would seek to cross-examine the petitioners to determine their standing to challenge
UMSC's decisions.
Justice Namanya adjourned the hearing to May 19, 2025, to allow both sides time to prepare for the
main case.
The petitioners seek court orders to prohibit Mubaje from continuing as Mufti, quash UMSC
resolutions extending his term, and compel the College of Eminent Sheikhs to initiate a new election
process under the 2022 UMSC Constitution.
What others say
Ali Ndawula Ssekyanzi, the former Bamunanika County MP and also the chairman of Luweero
Muslim district argues that Mubaje’s stay in office after celebrating his 70th birthday violates the
UMSC constitution.
Citing article 5(9) and 29(12) of the UMSC constitution, Ndawula argues that sheikh Mubaje does not
qualify for another term having served for over 24 years before the UMSC constitution was amended
in 2022.
Ali Kankaka, the ex-Uganda Muslim Lawyers Association (UMLAS) president who was part of the
team that spearheaded the amendment of UMSC constitution argues that Mubaje does not qualify
for renewal and if so, it would be contrary to the muslim constitution.

Kankaka argues that the new UMSC constitution puts a cap on officers of UMSC including the Mufti
who have been in service for 10 years and above before the inauguration of the new constitution
from being elected upon expiry of their term of office.
Hajj Abdul Kiyimba, the ex-Kyengera town council mayor and also a member of UMSC general
assembly argues that the five years which have been granted to Mubaje and Waiswa are not
provided for under the UMSC constitution and they are thus in office illegally.
UMSC constitution
The constitution provides that a mufti shall serve for one term of 10 years and one qualifies to be
elected mufti if he is a Sunni Muslim aged between 40 years and not exceeding 75 years with a
master’s degree in sharia law or its equivalent.
This literally implies that only Sunni Muslims aged 40 to 65 years who possess the requisite academic
qualifications are eligible to be elected as the Mufti of Uganda.