Uganda’s Constitutional Court has dismissed a petition filed by Mr. Hamzah Kagimu challenging the legality of top appointments within the ruling National Resistance Movement (NRM) party.
The court ruled that the appointments of the party’s Secretary General, Deputy Secretary General, Treasurer, and Deputy Treasurer by the NRM Chairperson do not contravene the 1995 Constitution.
In a judgment delivered by a panel of five justices who included; Justices Egonda-Ntende, Obura, Luswata, Kazibwe Kawumi, and Mugenyi — the court found that although the petition raised issues of political interest, it did not reveal a constitutional breach requiring intervention.
THE CASE
According to the case file, Kagimu, a long-time member of the NRM, petitioned the court in 2018, arguing that the 2014 amendments to the NRM constitution, which allow the Chairman to appoint key administrative officers—violated Article 71(d) of the national Constitution. He contended that the lack of elections for these top posts undermined internal democracy and infringed on party members’ rights.
In its ruling, the court, however, held that the four appointed officials serve in an ex-officio capacity without voting rights in NRM’s top decision-making organs and are thus not full members within the meaning of Article 71(d).
COURT’S VIEW
Justice Moses Kazibwe Kawumi, in the lead judgment, noted that “their appointment to sit on the three organs of the second respondent [NRM] is for administrative coordination purposes.” He emphasized that the lack of voting rights limited their influence, preserving the democratic spirit of the party’s structures.
Justice Dr. Asa Mugenyi agreed with the outcome but emphasized that the petition was filed in the wrong forum. He said the petition sought enforcement of rights under Article 50 of the Constitution, not interpretation under Article 137.
The court further found that the Attorney General was wrongly sued in place of the Electoral Commission, which has legal personality, and ruled that the NRM Chairman—also the sitting President—could not be sued in personal capacity due to constitutional immunity.
NAMYALO PRAISES LEGAL TEAM
As the ruling made headlines, Hajjat Hadijah Namyalo, head of the Office of the National Chairman (ONC), praised the legal team that defended the NRM and President Museveni. Speaking to journalists during an Eid food distribution event in Kampala, Namyalo lauded Attorney General Kiryowa Kiwanuka, presidential legal adviser Edwin Karugire, and NRM lawyer Usaama Sebuufu from K&K Advocates.
“These gallant lawyers have continuously stood firm in the courts of law to protect the integrity of the NRM and the leadership of President Museveni,” she said, adding that their professionalism and loyalty to the country’s leadership are commendable.
While the petition was ultimately dismissed, the court ordered that each party bear its own costs, citing the national importance of the issues raised. The judgment reinforces the autonomy of political parties in internal structuring, so long as the core democratic principles of the Constitution remain intact.
