In a significant legal victory, the Kabaka of Buganda, Ronald Muwenda Kimera Mutebi II, prevailed in a case challenging the Traditional Rulers Restitution of Assets and Properties Act (TRRAP Act).
Prince Harold Kalemera Kimera, claiming lineage from Sir Daudi Chwa II, contested the law’s constitutionality. He argued it violated property rights and protection from forced deprivation.
A panel of five judges, led by Justice Irene Mulyagonja, dismissed the petition against Attorney General Kiryowa Kiwanuka and Kabaka Mutebi II.
They deemed it devoid of substantive legal issues. Justice Mulyagonja stressed the petitioner’s failure to adhere to procedural guidelines, leading to costs being awarded to the respondents.
Prince Kalemera’s petition sought nullification of the TRRAP Act, alleging denial of inheritance rights.
Despite his claims, the court ruled against him, denying requests for declarations and other remedies.
Prince Kalemera underscored the alleged unconstitutionality of TRRAP Act sections.
He contended they infringed upon constitutional provisions and discriminated based on birth and social status.
Additionally, he demanded substantial compensation totaling USD 60 billion for what he deemed as unlawful deprivation of property.
The court dismissed fraud allegations against the Kabaka, emphasizing they fell outside constitutional interpretation.
Both respondents, the Attorney General and the Kabaka, raised preliminary objections, asserting the petition lacked a cause of action.
In response to the ruling, Buganda’s Attorney General, Owek. Christopher Bwanika, expressed satisfaction.
He stated the decision would deter frivolous lawsuits aimed at encroaching upon the Kabaka’s property rights.
The ruling marks a pivotal moment in Buganda’s legal landscape.
It reaffirms the constitutional validity of the TRRAP Act while safeguarding the Kabaka’s prerogatives as a traditional ruler.
