James Garuga Musinguzi, who passed away today, was a prominent figure in the Kigezi sub-region and Uganda in general, known not only for his business acumen but also for his philanthropy and political activism.
In death, he has been described by many as a kind-hearted soul, a financier of the Forum for Democratic Change (FDC) who provided a home for one of Uganda’s leading opposition parties in Najjanankumbi.
Yet later in life, Garuga became a beneficiary of government contracts, including a deal to distribute tea seedlings to farmers in Kigezi and parts of Ankole.
Some say this duality, opposition stalwart and government collaborator, could have muddied his legacy in some political circles.
Whether that is true or not, one cannot get a better perspective of Garuga’s career without looking back at how his political duel with Mbabazi in 2001 changed the trajectory of his life, and some say, altered the career of one of Uganda’s finest judges, Fredrick Egonda-Ntende.
By 2001, Mbabazi was a political titan. A seasoned lawyer and a close ally of President Museveni, Mbabazi held significant sway as a minister and a key figure in the ruling National Resistance Movement (NRM). In 2001, as the incumbent MP for Kinkizi West, he wielded immense influence, backed by state resources and a powerful network of supporters, including security operatives and local officials.
The 2001 election in Kinkizi West pitted these two men against each other in a contest that would expose the fault lines of Uganda’s electoral system. Mbabazi was declared the winner with 25,433 votes, while Garuga garnered 12,977.
But the election was marred by allegations of widespread irregularities, setting the stage for a legal battle that would reverberate far beyond the constituency.
Enter Egonda-Ntende
Garuga, convinced that the election was neither free nor fair, filed a petition in the High Court challenging Mbabazi’s victory. The case was presided over by Justice Fredrick Egonda-Ntende, a judge known for his integrity and meticulous approach to the law.
The petition alleged a litany of electoral malpractices: intimidation, violence, ballot stuffing, multiple voting, and the use of defamatory and sectarian campaign tactics.
Garuga’s evidence, supported by 86 affidavits, painted a grim picture of the electoral process. Witnesses recounted incidents of harassment by soldiers from the then Presidential Protection Unit (PPU) and supporters of Mbabazi, including the vandalism of Garuga’s campaign vehicle, assaults on his agents, and the confiscation of voters’ registers.
Justice Egonda-Ntende’s ruling, delivered on May 17, 2002, was a landmark decision. He found that the election was riddled with non-compliance with the Parliamentary Elections Act, 2001, and violated core principles of fairness and transparency.
Specific offenses included bribery by Mbabazi, who was found to have paid Shs 60,000 to voters at a rally in Kyepatiko, and the unlawful presence of armed military policemen at polling stations, with Mbabazi’s knowledge and consent.
Egonda-Ntende also highlighted the sectarian campaign conducted by Mbabazi’s supporters, including the president, who portrayed Mbabazi as the “movement candidate” while labeling Garuga a rebel sympathizer—an act that contravened the principle of individual merit enshrined in the Constitution at that time.
Egonda-Ntende concluded that these irregularities substantially affected the election’s outcome. He nullified Mbabazi’s victory, declared the Kinkizi West parliamentary seat vacant, and ordered a by-election, awarding costs to Garuga.
This was a bold ruling against one of Uganda’s most powerful politicians, delivered by a judge whose commitment to justice was beyond question.
Reconciliation
As preparations for a by-election began, Museveni intervened, calling a reconciliation meeting between Garuga and Mbabazi. In a move that stunned his supporters, Garuga agreed not to contest the by-election, allowing Mbabazi to retain his seat unopposed.
The decision was seen by some as a betrayal, with accusations that Garuga had “sold out” to the NRM’s political machine. The reconciliation, brokered by Museveni, effectively ended the electoral contest but left a bitter taste among Garuga’s loyalists in Kinkizi West.
The fallout was significant. When Garuga ran again in 2006, he faced a backlash from voters who felt he had compromised his principles. He was decisively defeated by Mbabazi, and this time, he did not challenge the results.
Disillusioned, Garuga began to withdraw from politics. His health struggles, including a battle with throat cancer that required lengthy hospitalization in London, further distanced him from the political arena. By the time he recovered, Garuga had shifted his focus to his business ventures, leaving the FDC and active politics behind.
Stalled career
For Justice Egonda-Ntende, the 2002 ruling was a defining moment in his then-burgeoning judicial career. However, some say it may have come at a steep personal cost. At the time, Egonda-Ntende was one of Uganda’s most respected judges, known for his experience and measured approach.
By 2009, he was serving as Chief Justice of the Seychelles, a position he held until 2014. Upon his return to Uganda, he was widely regarded as a leading candidate to succeed Chief Justice Benjamin Odoki.
Yet, Egonda-Ntende never ascended to the chief justice position. Some say Mbabazi played a role in stalling his career. Mbabazi’s influence within the NRM and government was formidable, and it is widely believed that he used his clout to frustrate Egonda-Ntende’s prospects.
The story of Garuga, Mbabazi, and Egonda-Ntende is a reflection of Uganda’s intricate dance of power, justice.
Twenty-three years after his ruling, Justice Egonda-Ntende, one of Uganda’s most globally acclaimed judges, is still languishing at the Court of Appeal. Faith Mwondha, who was at High Court with Egonda-Ntende in 2001, is now at the Supreme Court.
Garuga passed on today, and his death has predictably prompted an outpouring of tributes for his contributions to the Kigezi sub-region and the FDC. He deserves all the praise.
Yet, his political career, marked by the 2001 election battle against Mbabazi, is a poignant reminder of the challenges of opposing entrenched power.
Mbabazi, who later fell out with Museveni and ran against him in 2016, has since returned to the NRM fold. He is Museveni’s special envoy, an ambiguous role.
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