The Makindye Chief Magistrate’s Court has issued an order compelling the administrator of the “Buyanja My Roots” WhatsApp group to reinstate Herbert Baitwababo after he was unjustly removed from the group.
The court’s acting senior grade one magistrate, Igga Adiru, issued a permanent injunction prohibiting the group’s administrator, Allan Asinguza, from further violating Baitwababo’s right to association.
The court’s decision came after Baitwababo, represented by Volen Advocates, filed a successful application on May 30, 2023, challenging his ejection from the WhatsApp group.
According to Baitwababo’s application, Asinguza created the “Buyanja My Roots” WhatsApp group for their sub-county in Buyanja, Rukungiri district. The group aimed to foster charity work, offer condolences and provide support during calamities in the area. Each member had agreed to pay a membership fee of Shs30,000.
On May 16, 2023, Baitwababo sent a letter to Asinguza requesting documentation authorizing the management of the group, an audit report, and accountability for the funds collected since 2017.
As a consequence of this inquiry, Baitwababo was abruptly removed from the WhatsApp group on May 17, 2023, in what he believed was an attempt to curtail his right to association and unjustly benefit others.
Baitwababo petitioned the court, seeking reinstatement to the WhatsApp group and a permanent injunction to prevent Asinguza from ejecting him again.
On Monday, the court ruled in his favour, taking into account evidence that members of the group made derogatory remarks about Baitwababo and expressed discriminatory views due to his size.
Screenshots of the group conversations were submitted as evidence, including a post by “Allan Chairman BMR” indicating that the issue had been discussed for two days and that Baitwababo would be removed to preserve evidence until the matter was resolved.
In support of his case, Baitwababo also included a screenshot of his conversation with Asinguza, where he served him a letter regarding his complaint. Asinguza read the message but did not respond.