✳ Court has set 6 conditions
1- To bury body in Fort Portal
2- This has to be done in 4 days from the day of ruling
3- To allow the family of Bob’s mother to bury
4- Police and LC system take charge
5- Each side takes care of their legal costs
6- Bob be given a decent burial
Kampala, Uganda | THE INDEPENDENT | The Family Division of the High Court has ruled that lawyer Bob Kasango will be buried in Fort Portal in the next four days.
High Court Judge Lydia Mugambe Ssali made the ruling this afternoon, after Kasango’s widow Nice Bitarabeho filed the case seeking permission to bury the husband in Kabarole district, after contention with family members who wanted to bury him in Tororo.
READ THE FULL RULING HERE kasangofinal
“It is easy to discern in the circumstances of this case, that while the deceased can safely be buried in Tororo or Fort Portal, the deceased’s children have almost only their mother to look up to for their welfare. They have not bonded with the Tororo relatives,” Judge Lydia Mugambe ruled.
“As a nucleus family they are uncomfortable with the burial of the deceased in Tororo where they’ve never been. However, they’re comfortable and at peace with the burial on their family land in Fort Portal which they know as intended to be their family burial grounds.”
Justice Mugambe concluded that “It is also in the best interest of the children that the deceased is buried as soon as possible to avert the psychological torture they continue to suffer from the prevailing impasse.”
The applicant, Bitarabeho, was represented by Mujurizi Jamiru and Tumwesigye Hamphrey of M/s. Mujurizi, Alinaitwe & Byamukama Advocates and the Respondent represented by Odokel Opolot Deogratius and James Njogu of M/s. Odokel Opolot & Co. Advocates.
Kasango succumbed to heart-related complications while serving a 16-year jail term for theft of more than sh15 billion meant for pensioners.
The constitutional court recently also made a ruling on a case he had filed, questioning the legality of the DPP who was prosecuting his case. He argued it was unconstitutional for a serving judge to be DPP, and the court last week agreed with him.
After the fracas at the funeral service where the Tororo relatives momentarily took charge of the body and drove away, police intervened and the body was taken to a funeral service.
Kasango’s body has for three weeks been at A-Plus Funeral who charge a daily fee of Shs 250,000 to preserve it.
Details of Mugambe ruling
In her ruling on Friday Judge Lydia Mugambe explained her decision in detail. She said court had found out that the deceased’s wife and children have never been to Tororo; were taught or told northing about Tororo or Japadhola culture by the deceased and that they only knew or interacted with the Tororo relatives of the deceased at his behest.
“On the other hand, they have severally visited Fort Portal as their village; spent time there with the deceased; are aware that the deceased desired that Fort Portal be their country home and burial place and there is no dispute regarding the ownership of the Fort Portal land by the deceased and his family and its one-acre size is sufficient for burial grounds and a country home which were the deceased’s plans for and with his family.”
On the issue of who the deceased’s biological father is, court heard that his dad was a one Kasimo who was a musoga.
“Then there is no justification for Respondent to impose the Japadhola culture on the deceased or his family. The deceased’s mother’s love for the Japadhola culture is indisputable; it is the culture she’s grown up in and practiced even though she has Busoga ancestry. However this too does not justify her desire to impose it on the deceased especially when I consider the nature of relationship between her and the deceased in his life,” the judge conclued.
The family later said they would bury Kasango in in Gweri, Fort Portal City on Sunday.
READ THE FULL RULING HERE kasangofinal
The living history of Bob Kasangohttps://t.co/S9vIrISicq
— The Independent (@UGIndependent) March 1, 2021
— The Independent (@UGIndependent) March 4, 2021