The High court in Kampala has ruled that the case challenging the re-election of Sheikh Shaban Ramadhan Mubajje as Mufti of Uganda cannot proceed until all 45 respondents, including Mubajje himself, are formally and properly served with court documents.
Presiding over the matter on Monday, Justice Emmanuel Baguma of the Civil division noted that the petitioners had not fulfilled the required service procedures. He ordered that proper service be effected by 16 April 2025, setting the next hearing for 28 April 2025.
The petition was filed by a group of aggrieved Sunni Muslims—Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya—who argue that Sheikh Mubajje is ineligible for another term.
The petitioners cite the previous Uganda Muslim Supreme Council (UMSC) constitution, which set the Mufti’s retirement age at 70, a milestone Mubajje reached on March 12, 2025. They further allege that Mubajje has mismanaged Muslim property and failed to uphold the standards of transparency required of the office.
The petitioners are seeking a declaration that Mubajje’s re-election is illegal and an injunction barring him from continuing to serve as Mufti. However, the Uganda Muslim Supreme Council, represented by lawyer Musa Kabega, maintains that the matter is ecclesiastical in nature and should be handled internally.
The UMSC argues that the Majlis Al-Ulama, the religious body that endorsed Mubajje’s re-election, is not a quasi-judicial organ and, therefore, its decisions are not subject to judicial review.
The council has also challenged the legal standing of the petitioners, contending that they do not hold any vested interest in the office of the Mufti and, as such, lack the authority to bring the matter before court.
Mubajje has led Uganda’s Muslim community since 2000. His re-election earlier this year, despite reaching the previously stipulated retirement age, has sparked debate within the Muslim community.
Musa Kasakya, one of the petitioners, argues in his affidavit that Mubajje’s continued leadership undermines constitutionalism within the Muslim community.
“Muslims in Uganda have the right to a Mufti elected in accordance with the constitution. Without transparency and accountability, there will be no trust between the institution and those it governs,” he stated.
The petitioners are relying on provisions from the old UMSC constitution, which caps the Mufti’s tenure at the age of 70. However, a revised version of the UMSC constitution, adopted in 2022, allows the Mufti to serve until the age of 75.
Article 5(5)(b) of the amended constitution has been cited by Mubajje’s supporters as the legal basis for his continued service. A national campaign in support of Mubajje’s leadership has also been launched, citing his accomplishments in maintaining unity within the Muslim community, promoting institutional development, and overseeing a peaceful period of administration at the UMSC.
The case continues to highlight tensions between traditional structures within Uganda’s Muslim leadership and emerging calls for greater transparency, constitutional adherence and accountability in religious institutions.
As the court prepares for the next hearing, the dispute over who is eligible to lead Uganda’s Muslim community remains unresolved, with legal and religious interpretations at odds over the legitimacy of Mubajje’s latest term.
