KAMPALA.The Chief Magistrate’s Court at the Law Development Centre has dismissed a case filed by Advocate Rashid Kamulegeya and 19 others against the Uganda Muslim Supreme Council (UMSC), ruling that the council is a private entity not subject to the Access to Information Act.
In a ruling delivered by His Worship Timothy Lumunye, the court found that “UMSC holds no statutory powers; it is not a ministry, parastatal, or statutory corporation.” He added that “UMSC’s private nature shields its internal mechanisms from public law mandates, preserving religious autonomy under Article 21(1) of the Constitution.”
The application—filed as Miscellaneous Application No. 0045 of 2025, arising from Miscellaneous Cause No. 006 of 2025—sought to compel UMSC to disclose information regarding its governance, finances, and constitutional amendments.
Among the applicants was Sheikh Musa Muyinda, the former UMSC General Assembly representative for Lubaga Muslim District, who was ejected from the Council over indiscipline. The affidavit in support of the application was deposed by Muyinda, who argued that their inclusion in the case would prevent a multiplicity of suits since they were pursuing similar demands for information and accountability within UMSC.
Kamulegeya, popularly known as Kam UG, filed the original case in early 2025 seeking access to what he described as “key documents and details for financial and governance accountability,” including UMSC’s regulations, budgets, and records of the 2022 constitutional amendments. The lawyer argued that the information was necessary “to track UMSC’s adherence to its rules and protect members’ rights as primary stakeholders.”
However, the UMSC, through an affidavit by its Deputy Secretary for Finance and Administration, Haji Muhammad Ali Aluma, opposed the application, arguing it was “fatally defective and premature” since the applicants had not exhausted internal remedies provided under the UMSC Constitution.
Citing Section 5(1) of the Access to Information Act, the court observed that the law applies only to “the State or any public body.” Lumunye noted, “This definition is exhaustive, targeting entities wielding state-derived authority.”
He further ruled that UMSC does not meet that description: “UMSC, founded in 1972 as a voluntary association for Muslim unity, is incorporated under the Trustees Incorporation Act and functions as an unlimited company without share capital and not for profit.”
In reinforcing this position, the magistrate referred to earlier decisions, including Nsimbe Swaibu v UMSC (2025), where the High Court held that “UMSC is a private religious entity… Its governance, including Mufti elections, is ecclesiastical and internal. Judicial review under Order 53 does not extend to private voluntary associations.”
His Worship Lumunye concluded that the entire application was misconceived. “No authority extends the Act to religious bodies like UMSC; to do so would undermine its autonomy,” he stated.
The magistrate consequently struck out both the main and supplementary applications. “I find that the applicants have failed to establish a case for the grant of the leave sought. Consequently, I have no alternative but to dismiss Miscellaneous Application No. 0045 of 2025 and to strike out Miscellaneous Cause No. 006 of 2025., rendering the case as being bogus. Each party shall bear its own costs.”