Mbarara boda boda riders lose election case against town clerk

The High court in Mbarara has dismissed a case filed by boda riders against Mbarara City Council and the town clerk, challenging the suspension of their leadership elections.

The court deemed the case incompetent and ruled in favour of the respondents, awarding costs to the defendants. Led by Luganda Magidu, Edward Arinaitwe, Bashir Mastkio, Evarisito Musasizi, Ronald Bintukwanga Kigundu, and Aggrey Rukundo, the six riders under Mbarara City General Boda Boda Operators’ Association petitioned the court in March seeking a judicial review contesting the suspension of their association’s leadership elections.

They asked the court to give them an injunction to halt the interference in their electoral process. They also claimed damages with 24 per cent interest per annum, as well as costs with 24 per cent interest from the date of taxation until payment in full.

The city town clerk had issued a letter suspending the leadership election exercise, justifying the action within the framework of the Mbarara City General Boda Boda Operators’ Association.

However, the court presided over by justice Joyce Kavuma, found that the dispute stemmed from the association’s constitution, governed by private law principles, rather than public law.

Kavuma highlighted that the association’s constitution held provisions for dispute resolution through internal meetings and escalation to community figures if necessary. Given this internal governance structure outlined in the association’s constitution, the court deemed the case beyond the purview of judicial review.

Consequently, the application was dismissed with costs, as the matter fell under the contractual realm governed by the association’s constitution, to which both parties had subscribed.