Why Was Namirembe Agreement Signed in 1955
2. (1) In this Constitution, the term “the Kabaka” means the person recognized as kabaka of Buganda under Article 2 of the Buganda Agreement of 1955, and the term “the Government of Kabaka” means the Government established for Buganda by this Constitution. After the adoption of the new agreement, Mutesa duly returned to Buganda and the main agreement was duly signed on 18 October.   The signatures of the Kabaka, the Governor and other witnesses appear at the end of the treaty.  Strictly speaking, Mutesa`s return to Uganda was not within the mandate of the conference.  However, the Kampala Supreme Court`s finding that the British government relied on Article 6 was “wrong” – shortly after news of the Namirembe agreement, but before the agreed recommendations could be published – pressured Cohen to back down. In November, he reversed the British government`s position and accepted the return of mutesa, subject to the adoption and implementation of Namirembe`s recommendations.   (3) In order for the new rules to be well established before the decision, Grand Lukiko`s decision to return as an Indian from Kabaka Mutesa II or to elect a new Kabaka would have to be made nine months after the new rules came into force. However, Her Majesty`s Government will be happy to shorten the time limit if, before its end, it is satisfied that the constitutional rules are well established and functioning satisfactorily. Her Majesty`s Government will do everything in its power to bring it into force on 31 March next year.
EidT was the bitter pill for Muteesa to swallow the solemn commitment. “I promise to be faithful to Her Majesty Queen Elizabeth II, who enjoys the protection of Buganda, to govern her heirs and successors and buganda well and honestly in accordance with the law, and to abide by the terms of the agreements with Her Majesty and the Buganda Constitution,” he said, in accordance with the Bible at the affirmation ceremony. The 1955 agreement of 18 October 1955, one day after Muteesa`s return from exile, anh. 30. (1) A body shall be established to be called Buganda Appointments Board 2. On 1 March, it was announced that Sir Keith Hancock, Director of the Institute of Commonwealth Studies at the University of London, at the invitation of the Right Honourable Oliver Lyttelton, now Lord Chandos, and Governor of Uganda, has agreed to visit the Protectorate to consult with representatives of Baganda and the Protectorate Government on various constitutional issues relating to Buganda. For three months, from June 24 to June 17. In September, Sir Keith Hancock chaired the talks, first with the Constitutional Commission appointed by Buganda Lukiko, then with the Committee and the Governor. 21 (1) Subject to the provisions of this section, the Lukiko shall be formed in accordance with section 5 of the Buganda Agreement of 1955 in the manner provided for in the Grand Lukiko (Election of Representatives) Act of 1953. SIGNED on this eighteenth day of October 1955. For and on behalf of Her Majesty Queen Elizabeth, II A.B. COHEN Governor The conference was held in Namirembe, near Kampala, and resulted in a comprehensive agreement.
The conference recommended, inter alia, that the Kingdom of Buganda under the Kabaka government continue to be an integral part of the protectorate; whereas the management of public affairs in Buganda should be in the hands of ministers; and that the kabakas, while all the traditional qualities of the kabaka should be fully protected, in the future should be constitutional leaders committed by a solemn commitment to respect the terms of the constitutional agreements and not to endanger the security and well-being of the people of Buganda and the Protectorate. 39 If there are differences of opinion between the Protectorate Government and the Kabaka Government, and such disagreement cannot be resolved by a discussion between the representative of the two Governments, and the Governor is satisfied that the matter undermines the interests of peace, order or good government of the Protectorate of Uganda, the Governor may formally advise ministers on this matter. The constitutional powers of the Kabaka are exercised, as far as possible, through the promulgation of written documents signed by the Kabaka and countersigned by a Minister. To sign the final adoption, the laws adopted by the Grand Lukiko are signed by the Kabaka. After further negotiations in London, Namirembe`s recommendations (with minor amendments) were adopted in July 1955 in the form of a new Buganda Agreement, which would “supplement and, if necessary, amend the 1900 Agreement” rather than replace it.   The main delay was caused by a conflict between Mutesa`s desire to sign the final agreement in Buganda and the British view that his agreement was a precondition for his return.  The solution found was “a transitional agreement that will run until the main agreement in Buganda is signed by the Kabaka upon its return. This transitional agreement will respect the same conditions as the main agreement, with the exception of the transitional provisions, and will be signed by the personal representatives of the Kabaka after approval by the Lukiko. Six weeks after the appointment of Buganda ministers and Buganda representatives to the Legislative Council under the new arrangements, [the British government] would allow the Kabaka to return to Buganda, where it will sign the main agreement.  The Transitional Agreement was translated into Luganda and adopted on August 15, 1955.
 “Buganda Agreements” means the Buganda Accords from 1894 to l955 and any other agreements hereinafter concluded on behalf of His Majesty with the Kabaka, the Chiefs and People of Buganda or the Government of Kabaka, but do not contain the laws or rules of procedure of Buganda made in accordance with this Constitution; The Buganda Agreement of 1955 was concluded between Andrew Cohen, Governor of the Protectorate of Uganda, and Mutesa II, Kabaka of Buganda. The tasks entrusted to the Government of Kabaka are formally defined in a document that will enter into force at the same time as the Agreement Amending or Supplementing the Uganda Agreement of 1900, which will be negotiated after the adoption of the recommendations of this Conference by His Majesty`s Government and the Great Lukiko. Initially, these functions were those currently performed by the Kabaka government, as well as those listed in paragraph 2 of the Memorandum on the Development and Reform of the Constitution in Buganda, issued in March 1953. Local government in the Sazas is the responsibility of the Buganda government with the advice and support of the protectorate government; the situation in municipalities and shopping centres shall be examined in accordance with Article 47. In community development, the Government of Buganda and its officials work in collaboration with the Protectorate`s Community Development Department. The list of functions may be amended at a later date by agreement between the Government of the Protectorate and the Government of Buganda. (3) If a function under this Constitution may be exercised by the Kabaka, that function shall be exercised by him, unless apparently intended otherwise, by means of a written document signed by him in the presence of a minister, who shall sign him as a witness. On that day, the Kingdom of Nkore was incorporated into the British protectorate of Uganda by the signing of the school agreement. Each minister is politically responsible for the management of affairs in his own main department, and the ministers are jointly responsible as a ministry within the framework of the tasks assigned to the Kabaka government. 5. For the purposes of this Article, the term “African” means the meaning conferred on it by the interpretative regulations and general clause of the protectorate of Uganda, as amended, or by a regulation replacing these regulations.
This agreement can be cited together as the Buganda Agreement from 1894 to 1955. If disagreements between the two governments cannot be resolved through the mechanism of an advisory committee, the matter is referred to a joint meeting chaired by the governor, members of the board of directors and ministers of Buganda. .