Court throws out case on Luweero bishop election

The High Court in Kampala has thrown out a case in which six members of the Anglican Church were challenging the Archbishop of the Church of Uganda, the Most Rev Samuel Stephen Kaziimba Mugalu over a decision to rescind the election of Rev Canon Godfrey Kasana as bishop of Luweero Diocese.

The group which included Joyce Mazzi, Zigwa Mubiru, Godfrey Sabavuma, Paul Wasswa, Stephen Mutebi and Edith Kagimu had contested the revocation process of Rev Can Kasana by the House of Bishops on June 28 but squarely pinned the resolution on Archbishop Kaziimba as an individual.

However, Principal Judge Flavian Zeija yesterday dismissed the case citing lack of merit and that the case is not tenable at law.
“Once you subscribe to a certain faith, you must go by its tenets. The respondents subscribe to the Anglican faith. The Anglican Church in Uganda has certain cannons it follows. Without a doubt, the canons provide for how a bishop is appointed in the church,” Justice Zeija reasoned.

According to the court, the church regulations provide for how disputes relating to election of bishops are resolved.
“It is not the business of this court to entertain disputes relating to consecration of a bishop. Courts cannot appoint a bishop for the church. That is a spiritual matter for which courts cannot claim to be competent. The Anglican Church in Uganda has all the necessary bodies to resolve such disputes,” the principal judge ruled.

The six Christians had demanded that the court bars Archbishop Kaziimba from interfering with the consecration process of Rev Can Kasana as fourth bishop of Luweero Diocese. 

They sought court to declare Rev Can Kasana as the rightly elected bishop of Luweero Diocese and stay any further actions against his consecration reasoning that he is the rightly elected bishop of the diocese.

Court based its decision on the sworn statement by Mr Naboth Muheirwe, in which he stated that the complainants did not have a locus standi (the right or capacity to bring an action or to appear in a court) and that they had sued a wrong party.

Background
On April 3, the House of Bishops of the Province of the Church of Uganda elected Rev Can Kasana as the fourth diocesan bishop of Luweero and had set July 16 for his consecration and enthronement.

However, a petition to nullify the election was submitted to Archbishop Stephen Kaziimba by Kenneth Kikabi, challenging Rev Can Kasana’s suitability on the basis of alleged adultery.

Currently, Luweero Diocese is undertaking a fresh nomination process for the position.