WhatsApp Group Member Sues Admin To Court Over Removal, Wins Case

A WhatsApp group administrator has been given orders by a judge in Uganda’s Makindye division in Kampala to allow a member who had previously been kicked out of the group to rejoin.

The order came as a result of an application filed by Herbert Baitwababo, who had gone to court to contest Allan Asinguza’s decision to ban him from the WhatsApp group “Buyanja My Roots.”

According to the Ugandan newspaper Daily Monitor, Baitwababo testified before the court that the WhatsApp group for their Buyanja sub-county in the Rukungiri district was established to support residents in the area, offer condolences to those in need, and support charitable endeavors. Each member was required to pay Sh.30,000 (about Ksh.1,000) as a membership fee.

Part of Mr. Baitwababo’s affidavit stated, “As members of the aforementioned WhatsApp group, we developed an idea of starting an association and agreed that one had to pay Sh.30,000 only to subscribe for the membership and as such, I fully registered.”

“All communication and matters concerning the association were conveyed through the WhatsApp group,” he added.

In his affidavit, Mr. Baitwababo claimed that difficulty began when he questioned Asinguza about the procedure that permitted them to handle the group’s business, as well as an audit report and accountability for cash raised since the group’s formation in 2017.

On May 17, 2023, the administrator consequently kicked Baitwababo out of the WhatsApp group, which prompted him to hurry to court to seek redress.

In its judgement on Monday, the court further prohibited Baitwababo from ever being kicked from the WhatsApp group “Buyanja My Roots,” as doing so would violate his freedom of association and his rights.

“It is hereby ordered that the applicant be ordered back to the ‘Buyanja My Roots’ WhatsApp group. A permanent injunction is also issued restraining the respondent, his agents, or his assignees from further infringing on the applicant’s right of association,” the magistrate directed.