KAMPALA,Uganda |The High Court in Kampala has ruled that the petition involving the re-election of Sheikh Shaban Ramathan Mubaje as the Mufti of Uganda cannot continue until the respondents ,Mubaje and members of the electoral college are properly served.

Civil Division Judge Emmanuel Baguma ruled that the petitioners had not effectively served the respondents and ordered that the service be completed by April 16,2025 as the next hearing of the petition scheduled for 28 April,2025.

The petition filed by Sunni Muslims including Swaibu Nsimbe, Musa Kalokora, Musa Kasakya and Twayibu Byansi argue that Mubaje is not illegible for another term in Office as the Mufti as he has exceeded the mandatory retirement age of 70 years stipulated in the Uganda Muslim Supreme Council Constitution and further accuse him of mismanaging Muslim property and therefore lacks transparency to hold the office.

UMSC who are the respondents led by Musa Kabega argue that a case is a religious matter that should be resolved internally and also insists that the Majilis Al-Ulama the religious organ that endorsed Mubaje’s election does not exercise quasi-judicial functions and there not a subject to judicial review and therefore the petitioners lack authority to challenge the election since they hold no vested interest in Mufti’s position

The petitioners further urgue that Mubajje’s leadership violates the UMSC constitution and undermines the good governance, Muslims in Uganda have the right to have a Mufti elected in accordance with the constitution and trust will be lacking between the institution and those that it governs.

According to Article 5 (7) of the original 1972 UMSC constitution, the Mufti and Deputy Mufti are to serve until they reach 70 years of age .Sheikh Mubaje, having turned 70 on 12th March 2025, should have stepped down as per the constitution. Furthermore, under Article 5 (9) of the amended UMSC constitution, a mufti is only allowed one 10-year tenure, and is ineligible for re-election once that term expires.