Wakilii

In the Matter of An Application for enforcement of human rights values of omukama of Bunyoro Kitara Kingdom By prince Apollo Kisoro (Misc Cause 26 of(2)

High Court · [2024] UGHC 26 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Miscellaneous application to enforce human rights under the Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules
Decision
Application granted with orders directing that the Omukama be taken for specialised medical treatment abroad under the stewardship of the applicant and relevant royal family members

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the right to health is a fundamental human right protected by Uganda's Constitution and international instruments including the WHO Constitution and the African Charter. The court has an obligation to guarantee this right. Where an applicant demonstrates standing under the enforcement procedure rules and acts in good faith to secure medical treatment for a cultural leader, the court will grant orders enabling access to appropriate health facilities.

Outcome

Application granted with orders directing that the Omukama be taken for specialised medical treatment abroad under the stewardship of the applicant and relevant royal family members

Facts

Prince Apollo Kisoro, a prince in Bunyoro Kitara Kingdom, Minister of Tourism, and Personal Assistant to the Omukama, Dr. Solomon Gafabusa Iguru I, brought an application to enforce the Omukama's right to health. The applicant deposed that the Omukama had been sickly, weak, and required urgent medical attention. He had secured an appointment at Indraprastha Apollo Hospitals in New Delhi, India, and mobilised financial resources to cover the King's medical treatment, travel, and attendants. The applicant averred that officials of the kingdom were engaged in power struggles which overshadowed the Omukama's ill health, and that the application was brought in good faith and in the King's best interest to enable him to perform his cultural duties once his health was restored.

Issues

  1. Whether the court should grant an order to enforce the Omukama's right to health by directing that he be taken for specialised medical treatment.
  2. Whether Prince Apollo Kisoro, as applicant, has standing to bring the application under Rule 6 of the Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules.

Orders

  • Application granted.
  • The Omukama, Dr. Solomon Gafabusa Iguru I, under the stewardship of the Applicant and other properly identified relevant members of the Royal family, be taken for specialised medical treatment in India, and/or any other hospital with the relevant medical facilities for his illness.

Rules and key headnotes

Human Rights — Right to Health — Scope and Content
The right to health is a universal fundamental human right that includes access to relevant health facilities and medical examination, and is not conditional upon a person first falling sick. The right encompasses preventative care, examination, and treatment, and cannot be granted or denied by anyone as it is fundamental and inalienable.
Constitutional Law — International Obligations — Enforcement of Treaty Rights
Uganda's binding international obligations remain in force, and the right to health as enshrined in the WHO Constitution of 1948 and the African Charter on Human and Peoples' Rights is binding on Uganda. The courts have an obligation to guarantee the human right to health.
Human Rights — Enforcement Procedure — Standing and Locus Standi
Under Rule 6 of the Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules, a family member with close ties to the rights holder who demonstrates good faith and the capacity to facilitate the enforcement of the right has standing to bring an application on behalf of that person.
Human Rights — Right to Health — Judicial Orders for Medical Treatment
Where an application to enforce the right to health is brought in good faith, demonstrates no prejudice to third parties, and the applicant has made adequate financial provision for treatment, the court may grant orders directing that the rights holder be taken for specialised medical treatment at appropriate facilities.

Legislation cited (16)

Cases cited (1)

  • Musungu John and Others v Prince Richard Kitahimbwa and Others (Civil Suit No. 030 of 2022)

Full judgment

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In the Matter of An Application for enforcement of human rights values of omukama of Bunyoro Kitara Kingdom By prince Apollo Kisoro (Misc Cause 26 of(2)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.