Court throws out case against Balaalo eviction order
A Mulaalo pastoralist attends to his cattle in Northern Uganda. PHOTO/FILE
What you need to know:
- In his executive order, the President said the Balaalo people have illegally settled in the Acholi, Lango, and Teso areas, and the punishment for those who refuse to be evicted is seven years in prison.
The Gulu High Court has dismissed a case seeking to invalidate President Museveni’s executive order directing the eviction of cattle keepers, commonly known as Balaalo, from northern Uganda.
Presiding Judge Phillip Odoki was prompted to dismiss the case after the petitioner, Mr Leonard Otee, did not follow up on the matter and have it prosecuted against the Attorney General.
“The applicant (Mr Otee) brought this application by notice of motion seeking several declarations and orders. On February 19, 2024, when this matter came up for hearing, the court directed that the applicant, who is an advocate and self-represented, should file and serve the respondent with written submissions by March 11 to enable the respondent to file their written submissions in reply by March 20,” held Justice Odoki on March 21.
He added: “The applicant (Mr Otee) has since failed to file any written submissions as directed by the court and no explanation was offered for the noncompliance with the court directive. This application is accordingly dismissed under Order 17 rule 4 of the Civil Procedure Rules with costs to the respondent.”
Mr Otee had in his lawsuit filed on November 29 last year sought declaration orders that the eviction of the Balaalo without fenced farms from northern Uganda was unconstitutional on grounds that they, just like other Ugandans, are free to stay in any part of the country.
“A declaration that the executive order no. 3 of 2023 contravenes and or threatens to contravene article 29 (2) a of the Constitution, which guarantees every Ugandan the right to move freely throughout Uganda and reside and settle in any part of Uganda,” the petition read in part.
Further in his lawsuit, Mr Otee stated that the Balaalo being the citizens of Uganda have a right to move freely throughout Uganda and to reside and settle in any part of Uganda and that their eviction is a grievous human rights violation.
In his executive order, the President said the Balaalo people have illegally settled in the Acholi, Lango, and Teso areas, and the punishment for those who refuse to be evicted is seven years in prison.
Mr Museveni also called the Balaalo “indiscipline” cattle keepers who illegally move from areas of Ankole-Mpororo, ancient Bunyoro, parts of Congo, and Karagwe in Tanzania and Rwanda, to other areas of Uganda.
