Constitutional Court of Uganda - 2014

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9 judgments

Citation	Judgment date
December 2014
Dorothy Nandugga Kabugo v Attorney General (Constitutional Petition No. 39 of 2010) [2014] UGCC 108 (15 December 2014)	15 December 2014
September 2014
Mbabali v Sekandi (Constitutional Petition No. 28 of 2012) [2014] UGCC 15 (19 September 2014) A constitutional petition alleging electoral misconduct was dismissed for failing to raise any issue of constitutional interpretation and as a disguised election petition. * Constitutional jurisdiction – Article 137 – scope limited to matters requiring interpretation of the Constitution; not for routine enforcement of rights. * Electoral law – misuse of government resources – electoral disputes to be determined by election petitions under the Parliamentary Elections Act. * Abuse of process – disguised election petition where petitioner previously withdrew High Court election petition. * Costs – petitioner ordered to pay costs for improperly invoking Constitutional Court jurisdiction.	19 September 2014
August 2014
Gerald Kafureeka Karuhanga v Attorney General (Constitutional Petition 39 of 2013) [2014] UGCC 109 (4 August 2014) A Chief Justice who vacated office on retirement cannot be reappointed; JSC’s advice is constitutionally required. Constitutional law – Judicial appointments – Chief Justice – ineligibility for reappointment after mandatory retirement – Articles 142, 143, 144, 147 and 253 – Judicial Service Commission’s non-delegable advisory role – separation of powers and judicial independence.	4 August 2014
June 2014
Akampumuza v Attorney General & 4 Ors (Constitutional Application No. 57 of 2010) [2014] UGCC 11 (23 June 2014) A scheduling conference is procedural, not a hearing; pleadings must be closed and bias claims are premature. Constitutional procedure – coram requirement for hearings; scheduling conference is procedural not a hearing; service and closure of pleadings; leave to file replies; bias allegations premature at scheduling stage; interim injunction may be curtailed to prevent abuse of process.	23 June 2014
Akampumuza v Attorney General & Ors (Constitutional Application No. 57 of 2010) [2014] UGCC 106 (23 June 2014) Scheduling conferences are procedural (not hearings); limited time granted for pleadings and interim injunction to lapse if petition remains unprosecuted. * Constitutional procedure – Coram requirement – Full coram required to hear constitutional petitions; two judges insufficient. * Court procedure – Scheduling conference distinguished from a hearing; scheduling is procedural and may be conducted by a single Justice or Registrar. * Civil procedure – Service and pleadings – Applicant granted limited time to file replies after respondents' answers were disclosed in court. * Judicial conduct – Allegations of bias – Applications to disqualify judges premature when raised at scheduling stage; should be raised at hearing before full coram. * Interim relief – Open-ended injunctions and abuse of process – Court may order lapse of interim order where petition not prosecuted.	23 June 2014
May 2014
Mafabi Richard v Attorney General (Constitutional Petition No 0014 of 2012) [2014] UGCC 107 (23 May 2014)	23 May 2014
April 2014
Anorld Brooklyn & Company v Kampala Capital City Authority & Anor (Constitutional Petition No. 23 of 2013) [2014] UGCC 9 (4 April 2014) Admission of non-compliance with Article 119(5) renders a government contract void, but factual issues require remittal to the High Court. Constitutional law – Article 119(5) Attorney General's legal advice – enforceability of government contracts; Article 2(2) supremacy of the Constitution – referral under Article 137(5) – limits on appellate court to amend reference questions – remittal to trial court to determine factual issues.	4 April 2014
March 2014
Wekoye v Attorney General & Anor (Constitutional Application No. 3 of 2014) [2014] UGCC 7 (21 March 2014) Temporary injunction refused despite prima facie constitutional challenge because no irreparable harm shown; application dismissed with costs. Constitutional law – Rules of Procedure of Parliament (Rules 101 & 103) – whether Parliament may declare a seat vacant or whether that power lies with the High Court under Article 86(1)(a); interim injunction principles – prima facie case, irreparable harm, balance of convenience; interlocutory relief against Electoral Commission where no specific prayers sought.	21 March 2014
February 2014
Saleh Kamba & Anor v Attorney General & 4 Ors (Constitutional Petition No. 16 of 2013) [2014] UGCC 5 (21 February 2014) Whether expulsion from a party vacates an MP’s seat under Article 83(1)(g) and the Speaker’s ruling was constitutional. Constitutional law — Article 83(1)(g) — expulsion from political party as ground for vacation of parliamentary seat; Speaker’s exercise of jurisdiction and natural justice; Attorney General’s role under Article 119; interim mandatory injunctions in constitutional disputes; remedies — by-elections and injunctions.	21 February 2014