The last will and testament of the late Omukama of Tooro, Oyo Nyimba Kabamba Iguru Rukidi IV, sets out a specific order of succession to the throne, naming his biological son as the first person entitled to inherit the crown.
The will, which was made and executed by Oyo on 14 September 2022 at Karuziika Palace in Fort Portal, also identifies two alternative successors in case his son cannot assume the throne.
The succession provisions are contained in Article X, titled “Appointment of My Heir and Successor to the Crown.”
According to the will, Oyo appointed his biological son as his heir to the Tooro throne, provided the son was lawfully recognised as his biological child at the time of the king’s death.
“I hereby declare and direct that if, at the date of my death, I am survived by a Son lawfully recognised as my biological Son, I appoint him as my heir to the Throne of the Kingdom of Tooro,” the will states.
The provision refers to Section 4 of Uganda’s Institution of Traditional or Cultural Leaders Act, 2011, as well as the customs and traditions of Tooro Kingdom.
In simple terms, the document places Oyo’s son at the top of the succession order.
Oyo’s will also anticipates circumstances in which his son may be unable to assume the throne.
It provides that if there is no son able to succeed him, or if his son dies before taking the throne, becomes permanently incapacitated or is otherwise unable to carry out the duties of the crown, the succession should pass to Prince Komwiswa Yoweri, Oyo’s cousin and son of Musuga Charles Kamurasi Akiiki.
The will then names Prince Nyaika Solomon, another son of Musuga Charles Kamurasi Akiiki, as the next successor if Komwiswa Yoweri is unable to take the throne.
The order set out in the document is therefore:
1. Oyo’s biological son
2. Prince Komwiswa Yoweri
3. Prince Nyaika Solomon
The second and third options only come into consideration under the circumstances specified in the will.
Oyo also gave instructions on how his succession should be handled.
He directed that the succession provided for in his will should be recognised and implemented peacefully and with dignity, in accordance with Ugandan law and the customs and traditions of Tooro Kingdom.
“I desire that the succession provided for in this Article be recognised and implemented peacefully and with dignity,” Oyo wrote.
He further directed that the installation of his successor should follow Tooro customs and traditions and comply with the Institution of Traditional or Cultural Leaders Act.
The contents of the will have gained significance following Wednesday’s reported announcement by members of the Babiito clan that Prince Edward Rukidi Kijanangoma, a journalist with Uganda Broadcasting Corporation, had been selected as the next Omukama.
The announcement was subsequently disputed by Princess Ruth Komuntale, Oyo’s sister, who said the royal family had not completed its consultations on the succession.
Speaking to the media at Karuziika Palace on Wednesday night, Komuntale said the royal family had earlier met Musuga Charles Kamurasi and other members of the Babiito clan to review Oyo’s will.
She said another meeting with lawyers had been planned for Thursday to examine the document before any successor was formally proclaimed.
“What was mentioned today was not accurate,” Komuntale said.
She said Oyo had left “very strict instructions” regarding his successor and argued that the reported selection did not reflect those instructions.
Princess Elizabeth Bagaaya, Oyo’s aunt, also supported Komuntale’s position.
The disagreement has shifted attention to the interpretation and implementation of Oyo’s written instructions.
A key question is whether Oyo’s son meets the conditions set out in the will and, if so, whether there is any legal or customary basis for moving past him to one of the alternative successors named by the late king.
Only if the conditions specified by Oyo for the alternative succession arise would Prince Komwiswa Yoweri and, subsequently, Prince Nyaika Solomon come into consideration under the order set out in the will.
The late king’s will does not deal only with the identity of his successor. It also anticipates situations in which arrangements may be required before a new king is installed.
Article XI provides for circumstances that could require a regency, guardianship, advisory council or another transitional arrangement following his death.
Oyo directed those entrusted with such responsibilities to work collectively to protect the stability, dignity and continuity of the Tooro institution.
His broader instructions emphasised the need to preserve the unity and dignity of the kingdom, rather than allow the succession process to become a source of division.
Beyond succession, the will contains a message about the responsibilities of whoever eventually occupies the Tooro throne.
Oyo commended his successor to God and the people of Tooro and urged the future king to lead with wisdom, humility, justice, courage and compassion.
He described kingship as a form of stewardship, stressing that the crown exists to serve the people.
As Tooro prepares to bury Oyo, who died in the United States at the age of 34 following a period of medical treatment, his written instructions are now at the centre of the succession debate.
The royal family, Babiito clan and other cultural institutions face the task of reconciling the reported selection of a successor with the succession order contained in Oyo’s will and the applicable law and customs of Tooro.
