[3][4] In order to force a resolution to the deepening political crisis, the Governor of Uganda, Sir Andrew Cohen, invoked the Uganda Agreement (1900) and demanded that the Kabaka (Mutesa II) fall into line British government policy which favoured the continuation of a single, unitary, Ugandan state.
[4] Cohen's preference was for a new Kabaka to be installed immediately, but this proved impossible, necessitating a fuller negotiated outcome.
AN AGREEMENT made this 18th day of October 1955 between Sir Andrew Benjamin Cohen, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Governor and Commander in Chief of the Uganda Protectorate on behalf of Her Majesty Queen Elizabeth II, by the grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith ON THE ONE PART: and Edward William Frederick David Walugembe Mutebi Luwangula Mutesa II Kabaka of Buganda for and on behalf of the Kabaka, Chiefs and People of Buganda ON THE OTHER PART: WHEREAS by Agreement made on the 29th day of May, 1893, between Mwanga Kabaka of Uganda of the one part and Sir Gerald Herbert Portal, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Her Britannic Majesty’ Commissioner and Consul- General for East Africa on behalf of Her Majesty's Government in the United Kingdom (hereinafter referred to as “Her Majesty’s Government”) of the other part the said Kabaka Mwanga did pledge and bind himself to certain conditions with the object of securing British protection and assistance and guidance for himself and his people and dominions: AND WHEREAS the said Kabaka Mwanga by the said Agreement undertook on behalf of himself and his successors to make a Treaty in the sense of or in a similar sense to the said Agreement in the event of Her Majesty's Government being willing to assent to the said conditions: AND WHEREAS on the 19th day of June, 1894, a notification dated the 18th day of June, 1894, was published in the London Gazette stating that under and by virtue of the said Agreement Uganda was placed under the Protectorate of Her Majesty Queen Victoria: AND WHEREAS in pursuance of the undertaking of the aforementioned and in consideration of the bestowal by Her Majesty Queen Victoria of the protection which the said Kabaka Mwanga had requested in the said Agreement of the 29th day of May, 1893, by a Treaty made on the 27th day of August 1894 (here in after referred to as “the Buganda Agreement, 1894”) between the said Kabaka Mwanga of the one part and Henry Edward Colville, a Companion of the Most Honourable Order of the Bath, a Colonel in Her Majesty's army, Her Britannic Majesty's Acting Commissioner for Uganda, for and on behalf of Her Majesty of the other part, the said Kabaka Mwanga did pledge and hind himself, his heirs and successors to conditions in all respects similar to the conditions set out in the said Agreement: AND WHEREAS by an Agreement made on the 10th day of March, 1900 (hereinafter referred to as “the Buganda Agreement, 1900”) between Sir Henry Hamilton Johnson, Knight Commander of the Most Honourable Order to the Bath, Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General for the Uganda Protectorate and the adjoining Territories, on behalf of the Kabaka of Buganda, and the Chiefs and People of Buganda on the other part the relationship between Her Majesty's Government, the Government of the Protectorate of‘ Uganda, (hereinafter referred to as “the Protectorate Government”) and the Kabaka, Chiefs and People of Buganda, was further defined and provision was made for recognition of the Kabaka of Buganda as native rulers of Buganda under Her Majesty's protection and over-rule: AND WHEREAS by various supplementary Agreements the Buganda Agreement, 1900, has been extended and modified; AND WHEREAS Her Majesty's Government has given an assurance to the Kabaka, Chiefs and People of Buganda in the following terms:- ‘Her Majesty’s Government has no intention whatsoever of raising the issue of East African federation either at the present time or while local public opinion on this issue remains as it is at the present time.
As regards the more distant future, Her Majesty’s Government clearly cannot state now that the issue of East African federation will never be raised, since public opinion in the Protectorate including that of the Baganda, might change, and it would not in any case be proper for Her Majesty’s Government to make any statement now which might be used at some time in the future to prevent effect being given to the wishes of the people of the Protectorate at that time.
(2) The range of selection must be limited to the Royal Family of Buganda, that is to say, the descendants of Kabaka Mutesa I, and the name of the prince chosen by the Lukiko must be submitted to Her Majesty's Government for approval, and no prince shall be recognised as Kabaka of Buganda whose election has not received the approval of Her Majesty's Government.
Before any prince shall be recognised by Her Majesty's Government as Kabaka of Buganda he shall enter into a Solemn Undertaking in accordance with the provisions of the Constitution set out the First Schedule to this Agreement; and so long as he observes the terms of the said Solemn Undertaking, Her Majesty's Government agrees to recognise him as Ruler of Buganda.
In such review consideration will be given to any scheme submitted by the Kabakas Government for the election of such representative Members based upon the recommendation contained in the Sixth Schedule to this Agreement.
(7)(1)The Governor may, and shall if so requested by the Kabaka's Council of Ministers or the Kabaka (in respect of any matter affecting his personal position or functions), refer to Her Majesty's High Court of Uganda any question relating to the interpretation of this Constitution, and the High Court shall determine the question in accordance with such procedure as the Chief Justice of the Uganda Protectorate may direct.
(d) The powers referred to in this paragraph shall not be exercisable during any period in which the Kabaka is a minor or is for any other cause other than absence from Buganda unable to perform his functions under this Constitution.
(ii) A certified true copy of a minute of the Buganda Appointments Board or of any committee appointed by the Kabaka under this Constitution recording that the Kabaka has exercised any power that is required to be exercised upon the recommendation of the Board or committee in accordance with the recommendation shall be conclusive evidence of that fact.
18 (1) The Kabaka shall terminate the appointment of a Minister if he is convicted of a criminal offence and is sentenced to imprisonment without the option of a fine.
Majesty's Overseas Audit Service Government for any specific purpose shall be expended in such, manner as may be approved by the Governor 28 (1) If any motion for the approval of the annual estimates of revenue and expenditure of the Kabak's Government of schedules of supplementary expenditure or for making financial provision for any purpose is proposed in the Lukiko by a Minister, and the motion is rejected by the Lukiko, the Katikiro may give notice to the Speaker that he proposes to treat the said motion as a matter of confidence in the Ministry.
(4) (a) The Kabaka shall terminate the appointment of a member of the Board if he is convicted of a criminal offence and is sentenced to imprisonment without the option of a fine.
(3) The Buganda Appointments Board shall, subject to the provisions of this article, be responsible for the disciplinary control of all chiefs, officers and employees in the service of the Kabaka's Government other than the Permanent Secretary to the Katikiro.
(2) The Buganda Staff Regulations in so far as they relate to discipline, may, without prejudice to the generality of the provisions of paragraph(1) of this article, provide for:- a) withholding or deferring increments either permanently or a specified period b) reduction in rank or salary permanently or temporarily c) deductions from salary in respect of damage to property caused by misconduct or breach of duty.
(1) For the purposes of administration Buganda shall as heretofore be divided into the following Sazas namely: Kiagwe, Bugerere, Bulemezi, Buruli, Bugangadzi, Buyaga, Bwekula, Singo, Busuju, Gomba, Butambala, Kiadondo, Busiro, Mawokota, Buvuma, Sese, Buddu, Koki, Mawogola, Kabula and each Saza shall be divided into gombololas and each gombolola into miruka.
(5) The Governor may give directions to the Kabaka's Government as to the manner in which, the Saza Chiefs shall perform their functions in relation to the maintenance of law and order.
(b) In the discharge of his functions under this article, the Resident shall be assisted by a staff consisting of such officers and employees of the Protectorate Government as the Governor shall think fit.
(a) Primary schools and junior secondary schools; (b) Rural hospitals, dispensaries (including sub-dispensaries), aid posts and rural health (c) The field service for the improvement of farming methods and soil conservation: (d) The field service for the improvement of farming methods and soil conservation of (e) Local Government in the Sazas.
Whenever there is occasion to appoint a Representative Member or Members to represent Buganda in the Legislative Council of the Protectorate the Governor shall by notice in writing request the Katikiro to submit names to him for that purpose and the Katikiro shall submit to him the names of persons who have been elected in that behalf by the Electoral College in accordance with these Regulations.
(I) Any person wishing to stand as a candidate for election as a member of the Electoral College shall present to the Saza Chief not later than a day fixed by the Katikiro for that purpose an application in the Form “A” in the Appendix to these Regulations signed by himself.
(2) No person shall he nominated as a candidate for submission to the Governor if- (a) he is in prison, or (b) he is not literate in the English language, or (c) he is not resident in Buganda, or (d) he is not twenty-one years of age.
Article 12(a) Delete the expression ‘‘guided by a majority of votes in his native council” in the third sentence and substitute “ guided by a resolution passed by a majority of votes in the Great Lukiko” (b) Delete the expression “province of Uganda” whenever it occurs and substitute province of Buganda”
[3] Discussions were lengthy, and while there was some progress, it was clear to Hancock that the Committee in particular held firm views in favour of a federal model for Buganda that would be at odds with the British emphasis on a unitary state.
[5] By the time the conference closed in early September, it had agreed a number of recommendations, including that "the Kingdom of Buganda... should continue to be an integral part of the Protectorate; that the conduct of public affairs in Buganda should be in the hands of Ministers; and that, while all the traditional dignities of the Kabaka should be fully safeguarded, Kabakas in future should be constitutional rulers bound by a Solemn Engagement to observe the conditions of the Agreements regarding the Constitution and not to prejudice the security and welfare of the Buganda people and the Protectorate".
[3][6] A number of constitutional changes to the Governments of Uganda and Buganda and to LEGCO were agreed at the same time, increasing African representation, and progressing Cohen's reformist goals.
[5] However, the Kampala High Court's finding that the British Government's reliance on Article 6 was "mistaken" – coming shortly after news of the agreement at Namirembe, but before the Agreed Recommendations could be published – put pressure on Cohen to concede.
In November, he reversed the British Government's position and agreed to Mutesa's return, contingent on the adoption and implementation of the Namirembe recommendations.
[5][6] In December a committee was established, chaired by Michael Kintu, to advise the Bugandan Lukiko on whether to accept the Namirembe recommendations.
[3] Ultimately, the Kintu Committee supported the recommendations, with a number of proposed amendments: the deferral of local government and succession reforms, and the instigation of direct elections to the Lukiko.