How court mediation ended four-year Inzu Ya Masaba leadership row, retained Mike Mudoma as Umukuka

Mbale City, Uganda: The High Court in Mbale has brought to an end a four-year leadership dispute involving Inzu Ya Masaba and Inzu Ya Bugisu, following a two-day court-led mediation that restored the cultural institution’s original identity and set out a roadmap for leadership transition.

The mediation, which began on Monday and concluded on Tuesday evening, was initiated following a petition by the Ministry of Gender, Labour and Social Development as part of efforts to promote peace, unity and harmony among the Bamasaba.

The mediation was chaired by Justice Andrew Khaukha and conducted by a panel comprising Justice Richard Butera, Solicitor General Francis Atoke and former Uganda Law Society President Francis Gimara.

Before mediation commenced, the panel invited both parties to present their grievances and proposals for resolving the dispute.

Counsel Eddy Nangulu, representing applicants led by John Amuramu Wagabyalile, Eng. Darlington Sakwa, Chalise Mungoma, Allan Makwata, Charles Walimbwa Peke, Ahmed Washaki, David Wakane, Jorum Mayatsa, Lilian Mutonyi and others, presented several key demands.

The applicants asked the court, among others, to restore Inzu Ya Masaba as the official cultural institution, reinstate the Babukusu community of Kenya into the institution after their removal through constitutional amendments, restore the original rotational leadership system among the Mwambu, Mubuya and Wanale clans, replacing the life kingship arrangement, reinstate the 2011 Inzu Ya Masaba Constitution, and require Mike Mudoma to vacate office upon expiry of his term and pave the way for the election of the fourth Umukuka.

Lawyer Geoffrey Magane, representing another applicant, Yahaya Masolo, similarly urged the court to restore the original constitution and recognise that Mudoma’s five-year term had already expired.

Representing Mike Mudoma, lawyer Isaac Masanga argued that his client’s tenure should be calculated from the date he was officially gazetted by government rather than from the date of election.

Masanga submitted that Mudoma had effectively served only three years and requested the mediation panel to allow him to complete the remaining two years of his tenure before implementing the proposed leadership transition.

Closed-door mediation leads to breakthrough

Following the submissions, the judges held separate closed-door meetings with each party lasting approximately two hours before consulting community members and cultural leaders who had attended the proceedings.

The mediation continued until Tuesday night, when both parties reached a consensus.

Justice Khaukha announced the agreed settlement, which includes: restoration of the name Inzu Ya Masaba as the official cultural institution, recognition of the title Umukuka wa Bamasaba as the official designation of the cultural leader, replacing Umukuka wa Bugisu, restoration of the Inzu Ya Masaba Constitution of 29 April 2011, with no amendments permitted until the current leadership term ends.
Restoration of rotational leadership among the Mwambu, Mubuya and Wanale clans, effectively ending the life kingship provision.

The Judge also ordered the extension of Mike Mudoma’s tenure until 26 July 2028, after which leadership will rotate in accordance with the restored constitution, and the withdrawal of all pending court cases between the parties, with each party bearing its own legal costs.

The agreement was signed by representatives of both sides, who also received copies of the mediation settlement.

Leaders welcome reconciliation

At the conclusion of the proceedings, Justice Khaukha asked members of both factions to embrace each other as a symbol of reconciliation and unity.

Applicant Eng. Darlington Sakwa welcomed the settlement, saying it marked the end of years of division within the Bamasaba cultural institution.

“I call upon Mudoma and other parties to respect the court mediation decisions. Failure to abide by them will lead to arrest. We cannot leave our work at home, spend two days here and later have someone violate the decision. The law will take its course,” Sakwa said.

Mudoma, who will now serve as Umukuka wa Bamasaba under the restored Inzu Ya Masaba institution until July 2028, called on the Bamasaba community to unite.

“I apologize to all Bamasaba for what has been happening, and I have also forgiven them,” he said. “I request those who have been opposing me to come and work with me during these remaining two years to develop Bumasaba.”

The mediation is expected to bring to a close years of litigation and leadership wrangles that had divided the Bamasaba cultural institution and hampered its operations.