Constitutional Court of Uganda - 2015

15 judgments

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15 judgments

Citation	Judgment date
December 2015
Lugonvu & 3 Ors v Attorney General (Constitutional Petition No. 24 of 2009) [2015] UGCC 15 (17 December 2015) Police unlawfully restricted freedom of assembly and movement by preventing a cultural leader’s visit; Court declared the restrictions unconstitutional. Constitutional law – Freedom of assembly and movement (Articles 29(1)(d) & 29(2)(a)) – Limits under Article 43 – Police powers and duties (Article 212) – Prohibition vs regulation of assemblies – Precedent limiting police prohibition powers (Muwanga Kivumbi).	17 December 2015
Fox Odoi v NRM & Anor (Constitutional Application No. 32 of 2015) [2015] UGCC 7 (1 December 2015) Application for interlocutory injunction restraining party electoral processes dismissed for lack of irreparable harm and unfavourable balance of convenience. Constitutional law – Justiciability of political party regulations – Challenge to NRM Regulation 20(21) and Electoral Commission acting as organiser and adjudicator – Right to fair hearing (Articles 28(1), 44(c)) – Temporary injunction principles: prima facie case, irreparable harm, status quo, balance of convenience – Jurisdiction vs. election petition.	1 December 2015
November 2015
Kibaya v Uganda (Consitutional Petition 8 of 2012) [2015] UGCC 95 (20 November 2015)	20 November 2015
Lubega v Attorney General & Ors (Constitutional Petition No. 37 of 2011) [2015] UGCC 13 (3 November 2015) A presidential exhortation to cancel allegedly fraudulent titles did not raise a constitutional interpretation issue; petition dismissed for lack of jurisdiction. * Constitutional jurisdiction – Article 137 – requires a real question for constitutional interpretation; enforcement of rights alone is insufficient. * Administrative action – presidential letter urging cancellation of titles is exhortatory, not a directive or order engaging constitutional interpretation. * Forum – enforcement or judicial review of administrative decisions belongs to ordinary courts; Constitutional Court’s role is interpretation under Article 137. * Procedural objections – affidavit knowledge and contempt raised but jurisdictional objection dispositive.	3 November 2015
October 2015
Behangana & Another v The Attorney General (Constitutional Petition 53 of 2010) [2015] UGCC 94 (12 October 2015)	12 October 2015
Centre for Public Interest Law Ltd and Another v Attorney General (Constitutional Petition No. 34 of 2010) [2015] UGCC 9 (6 October 2015) Article 12 registration exclusions stand; refugees remain eligible for consideration for naturalization under statutory law. Constitutional interpretation – Citizenship by registration (Article 12) – rule of harmony; Citizenship by naturalization (Article 13) – statutory regime (section 16 of the Act) includes refugees as "aliens" eligible for consideration; Judicial relief – courts will not issue general orders against unnamed agencies absent evidence of a refused or unprocessed application.	6 October 2015
September 2015
Kasozi & 3 Ors v Attorney General & 2 Ors (Constitutional Petition No. 37 of 2010) [2015] UGCC 2 (29 September 2015) The applicant challenged delegation of election‑procedure duties; court held such delegation unlawful and barred affected elections. • Constitutional law – Article 78(4): Parliament must "by law" prescribe procedures for elections of special interest group MPs; this duty is non‑delegable. • Administrative law – delegatus non potest delegare: Parliament cannot delegate core constitutional duties to the Minister or private bodies. • Electoral law – 2011 PWD electoral process relying on a voluntary NGO disenfranchised non‑members; subsequent statutory amendment (NCD Amendment Act 2013) remedied defects. • Rights issues – Disenfranchisement contrary to Article 59; other claimed Chapter 4 rights largely not made out. • Remedy – impugned provisions void; injunction against conducting affected elections; PWD elections may proceed under amended law.	29 September 2015
Mugarura v Attorney General (Constitutional Petition No. 23 of 2009) [2015] UGCC 5 (29 September 2015) The court upheld Electoral Commission appointments as compliant with Articles 60 and 89; petition dismissed and each party bears own costs. Electoral Commission appointments — Article 60(2) qualifications: high moral character, proven integrity, experience and competence — burden of proof on challenger; parliamentary approval — delegation to Appointments Committee under Article 90 and Rules of Procedure; no requirement for full House vote under Article 89.	29 September 2015
Mugarura v Attorney General (Constitutional Petition No. 23 of 2009) [2015] UGCC 93 (29 September 2015) Court upheld Electoral Commission appointments and ruled Appointments Committee lawfully approves nominees under Articles 60 and 90. Constitutional law – Article 60(1),(2) – Qualifications for Electoral Commission members (high moral character, proven integrity, experience and competence) – burden on challenger to prove lack thereof; Constitutional law – Article 90 and 89 – delegation of parliamentary approval to Standing Committee – Rules of Parliament (Rules 137, 141, 146) – validity of committee approval on behalf of Parliament; Administrative law – judicial review – limits on court interference in internal parliamentary procedures where consistent with Constitution.	29 September 2015
Businge Police Fred v Attorney General and Another (Constitutional Petition No. 24 of 2012) [2015] UGCC 98 (28 September 2015) An MP must vacate seat upon conviction for dishonesty crimes, per constitutional requirements. Constitutional Law – Interpretation – Member of Parliament's duty to vacate seat upon conviction for crimes involving dishonesty or moral turpitude.	28 September 2015
July 2015
Gurindwa v Attorney General & Ors (Constitutional Application No. 15 of 2015) [2015] UGCC 11 (23 July 2015) Interim relief against criminal proceedings and an Interpol notice was refused where the applicant had absconded and no prima facie case was shown. * Constitutional law – interim relief – criteria for interim injunction: prima facie case, irreparable harm, balance of convenience. * Criminal procedure – prosecution in absence – effect of accused absconding from trial on entitlement to interim constitutional relief. * Evidence – admissibility – hearsay and statements of legal opinion in supporting affidavits inadmissible for interim applications. * International cooperation – Interpol notices – not a bar to domestic prosecution or to enforcement of criminal law where accused absconded.	23 July 2015
May 2015
Kamba Saleh v Attorney General (Constitutional Petition No. 38 of 2012) [2015] UGCC 3 (25 May 2015) Petitioner’s challenge to Parliamentary Appointments Committee’s refusal to approve a ministerial nomination dismissed for lack of proof and procedural remedies not pursued. Constitutional law — Appointments Committee — approval vs vetting of Presidential ministerial nominations; natural justice and fair hearing in parliamentary appointments; admissibility of media reports (hearsay) in constitutional challenges; separation of powers — judicial restraint regarding parliamentary internal functions; access to information remedies.	25 May 2015
April 2015
Game Concepts Limited & Another v The Attorney General (Constitutional Application 10 of 2015) [2015] UGCC 96 (30 April 2015)	30 April 2015
Lubega v Attorney General & 2 Others (Miscellaneous Application 31 of 2011; Miscellaneous Application 32 of 2011) [2015] UGCC 97 (29 April 2015)	29 April 2015
January 2015
Baryayanga v Attorney General (Constitutional Application No. 2 of 2013) [2015] UGCC 1 (29 January 2015) An injunction was refused because Cabinet lawfully cancelled the procurement, extinguishing any status quo and making the application academic. Constitutional procedure – interlocutory injunction – status quo; IGG statutory powers to investigate and make recommendations; effect of Attorney General’s legal opinion; collective responsibility of Cabinet; justiciability of executive decisions cancelling procurement.	29 January 2015