The High Court of Uganda in Kampala has ruled that veteran businessman Mohan Musisi Kiwanuka is mentally unstable, bringing closure to a prolonged legal dispute over his mental health and access to him by family members.
In an order issued on Wednesday, the court registrar directed that Kiwanuka’s children be granted full and immediate access to him, following a key admission by his long-time lawyer and company secretary, Francis Buwule, who acknowledged before the court that his client was mentally unfit.
The acknowledgement was made during proceedings in a case filed by Kiwanuka’s siblings—Jalia Muwanga, Yudaya Nantege Nsereko, Sarah Nsereko and Berti Kawooya Nsereko—who petitioned the court to formally declare the businessman of unsound mind due to mental illness.
“During the said hearing, counsel for Mr Kiwanuka admitted he is insane,” Buwule stated in submissions to the Court of Appeal of Uganda.
“Accordingly, the High Court noted the said admission and has ordered that the applicants and other relatives of Mr Kiwanuka be allowed immediate access to him.”
The ruling effectively concludes years of legal battles within the Kiwanuka family over control of his business interests.
At the centre of the dispute is a vast business portfolio reportedly comprising 32 companies and more than 46 prime properties located in Kampala’s upscale neighbourhoods of Kololo and Nakasero.
Kiwanuka, the chief executive of Oscar Industries Limited, is one of Uganda’s prominent private investors. His family also has interests in the media sector through businesses run by his wife, former finance minister Maria Kiwanuka, including Radio One and related franchises.
Legal challenge by son
Questions about the businessman’s mental capacity first reached the courts in May 2019 when his son, Jordan Ssebuliba Kiwanuka, filed a suit seeking to strip his father of the authority to manage the family estate.
Ssebuliba argued that Kiwanuka was no longer in full control of his mental faculties and requested the court to order a medical evaluation.
The family structure includes four children from Kiwanuka’s first marriage to Beatrice Kavuma, including Ssebuliba, and three more children from his later marriage to Maria Kiwanuka.
Some of Kiwanuka’s children and siblings have alleged that Maria Kiwanuka and her son, Edin Musisi, used powers of attorney to assume control over parts of the businessman’s business empire while he was allegedly no longer capable of making sound decisions.
They claimed that this authority was used to transfer or sell some family properties.
Medical evidence presented
Although Musa Ssekaana had ruled in 2019 that Kiwanuka was mentally competent to manage his affairs, the matter resurfaced after new evidence emerged.
In a January 31 ruling, Principal Judge Flavian Zeija—now Deputy Chief Justice—stated that mental capacity can change over time and should be reassessed when new evidence becomes available.
Medical testimony presented in court supported this view.
Dr Simon Sekiganda Luzige, who has treated Kiwanuka since 2014, told the court that the businessman had developed noticeable behavioural and cognitive changes.
“Over time, he became increasingly forgetful and exhibited a significant personality change,” the physician stated in an affidavit.
Another specialist, geriatrician Harriet Nankabirwa, also confirmed concerns about Kiwanuka’s condition.
“During my interactions with the Respondent, I took him through routine preparation for patients in similar conditions, including inquiring whether he had made arrangements for the appointment of trustees to make decisions on his behalf should he become unable to do so,” she said.
Court finds new evidence sufficient
During the proceedings, lawyer Edwin Busuulwa initially argued that the petition lacked merit. However, the court concluded that fresh evidence—particularly the medical findings and admissions by Kiwanuka’s own counsel—justified reopening the case.
Zeija explained that the earlier decision could not automatically bar the new proceedings under the legal doctrine of res judicata.
“The issue is whether the earlier case, No. 249 of 2019, can bar these proceedings due to res judicata. However, the new evidence establishes that the respondent’s mental condition has deteriorated since that ruling,” he said.
“Mental status is a condition that can change rapidly. Someone who is sane today may be insane tomorrow, and vice versa.”
The court therefore set aside the dismissal of Miscellaneous Cause No. 82 of 2023 and ordered that the matter be reconsidered on its merits.
Kiwanuka had earlier been directed to appear before the court on February 11, 2025. However, the family opted to resolve the matter by acknowledging that his mental health had significantly deteriorated.
The admission effectively ended the dispute over his mental capacity and opened the door for his children to access him and participate in matters concerning the management of his extensive business empire.
