The High Court in Kampala has declined to interfere in what it termed an internal religious dispute, dismissing a judicial review application that sought to nullify the re-election of His Eminence Sheikh Shaban Ramadhan Mubaje as the Mufti of Uganda.
In a ruling delivered via email by Civil Division Judge Benard Namanya, the court found that it lacked jurisdiction to hear the case, which had been brought by four Muslim faithful who contested Mubaje’s eligibility and the process leading to his reappointment.
Justice Namanya held that the Uganda Muslim Supreme Council (UMSC), under which the Mufti is elected, is a private religious institution and does not exercise public or governmental powers that warrant judicial review.
“There is no evidence that the public powers exercised by UMSC are governmental in nature. In the absence of such evidence, UMSC cannot be subjected to the supervisory power of the court under judicial review,” the judge stated.
The petitioners—Swaibu Nsimbe, Byansi Twayibu, and two others—had asked the court to annul Mubaje’s re-election, arguing that he had exceeded the constitutional age limit of 70 years and that the process violated several provisions of the UMSC Constitution. They cited irregularities in the nomination process and claimed that a 2022 amendment raising the age cap to 75 was improperly applied.
But in a strongly worded decision, the court invoked the “religious question doctrine,” asserting that disputes over religious leadership fall outside the competence of secular courts.
“This court is not competent to inquire into and resolve a religious dispute concerning the election of the spiritual head of Sunni Muslims in Uganda. This dispute can best be addressed by the leaders of the Muslim faith in Uganda and their followers,” Namanya ruled.
The judge further observed that the UMSC Constitution itself provides for an internal dispute resolution mechanism—the Muslim Arbitration and Conciliation Council (MAC)—which the applicants failed to exhaust before seeking judicial intervention.
“The applicants are improperly before the court as they should have referred the dispute on the election of the Mufti to the Muslim Arbitration and Conciliation Council,” he added.
In light of the above, Justice Namanya dismissed the application in its entirety and ordered that each party bear its own costs to promote reconciliation within the Muslim community.
The ruling effectively clears the way for Sheikh Mubaje to continue serving as Mufti under the revised age limit, reaffirming his leadership position—a role he has held since 2001.