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 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that the right to health is a universal fundamental human right protected under the Constitution and international conventions to which Uganda is signatory. The court found that the applicant, as a prince and personal assistant to the Omukama, had standing to bring the application under Rule 6 of the Judicature (Fundamental Rights) Enforcement Procedure Rules. The court granted the application, ordering that the Omukama be taken for specialised medical treatment in India or any other hospital with relevant facilities under the stewardship of the applicant and identified royal family members.

Outcome

Application granted allowing the Omukama to be taken abroad for medical treatment under supervision of the applicant and royal family members

Facts

Prince Apollo Kisoro, a prince and minister in Bunyoro Kitara Kingdom and personal assistant to the Omukama, applied to court seeking orders to enforce the right to health of the Omukama, Dr. Solomon Gafabusa Iguru I, who he alleged was sickly and weak. The applicant had secured an appointment at Apollo Hospitals in New Delhi, India and mobilised financial resources to cover the King's medical treatment, travel, and attendants. The applicant contended that kingdom officials were embroiled in power struggles and no one was attending to the Omukama's health needs. Evidence included newspaper clips showing the Omukama's illness and visa application recommendations. The applicant brought the matter under the Judicature (Fundamental Rights) Enforcement Procedure Rules seeking court orders for the King to receive specialised medical treatment abroad.

Issues

1. Whether the court should take judicial notice that the Omukama of Bunyoro Kitara Kingdom is ill or sickly.
2. Whether the applicant has locus standi to bring this application on behalf of the Omukama.
3. Whether the right to health of the Omukama is threatened and requires court intervention to enforce specialised medical treatment abroad.

Orders

• Application granted.
• 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

Legislation cited (14)

• Constitution of Uganda 1995 Article 20
• Constitution of Uganda 1995 Article 22(1)
• Constitution of Uganda 1995 Article 23(1)
• Constitution of Uganda 1995 Article 29(2)
• Constitution of Uganda 1995 Article 50
• Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules S.I. 31/2019 Rule 4
• Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules S.I. 31/2019 Rule 5
• Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules S.I. 31/2019 Rule 6
• Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules S.I. 31/2019 Rule 8
• Civil Procedure Act s.98
• Judicature Act s.37
• Civil Procedure Rules Order 52 Rule 1
• Civil Procedure Rules Order 52 Rule 2
• Civil Procedure Rules Order 52 Rule 3

Cases cited (1)

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

The original judgment as reported. Read the original PDF before relying on any passage.