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Citation
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Judgment date
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| March 2021 |
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18 March 2021 |
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EC's failure to review constituencies after censuses breached Articles 61 and 63; Parliament's county‑creation practice violated Articles 63 and 179.
Constitutional law — Electoral law — Article 63(1) (Parliament prescribes number of constituencies) vs Article 63(5) (EC must review/re‑demarcate within 12 months of census) — failure to review after 2002 and 2014 censuses unconstitutional; Parliamentary creation of counties/constituencies without following constitutional/local‑government procedures contravenes Articles 63 and 179; retention of one woman MP per district lawful under Article 78(2).
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18 March 2021 |
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18 March 2021 |
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Parliament may set nomination fees; higher fees not automatically unconstitutional absent proof they unjustifiably limit the right to stand.
Constitutional law – public participation in legislation – no constitutional time‑frame; Electoral law – nomination fees – permissibility and proportionality of fees as regulatory measures not additional qualifications; Right to stand – derogable right subject to demonstrably justifiable limitations; Comparative practice in election law.
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15 March 2021 |
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Constitutional Court dismisses petition as res judicata; enforcement of rights and damages must be pursued in High Court.
Constitutional law – Article 137 – jurisdiction of the Constitutional Court limited to ‘‘questions as to interpretation’’; res judicata applies to constitutional interpretations previously decided. Separation of powers – Parliamentary inquiries and PAC reports cannot be relitigated where constitutional interpretation has already been determined; enforcement and factual disputes belong to ordinary courts under Article 50. Consent judgments – treated as contracts; can be set aside only on ordinary contractual/estoppel or illegality grounds in a competent court. Judicial accountability – judges are accountable to constitutionally mandated bodies (e.g., Judicial Service Commission) as clarified by higher court authority.
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15 March 2021 |
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The Court dismissed the applicants' challenge to Busoga leadership elections for lacking a constitutional interpretation question.
Constitutional jurisdiction – Article 137 – Constitutional Court’s jurisdiction limited to interpretation of the Constitution; disputes over cultural institution leadership (Article 246) are factual and may be pursued under Article 50 or by judicial review; res judicata where prior court decisions addressed the same constitutional questions.
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15 March 2021 |
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11 March 2021 |
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9 March 2021 |
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Applicant’s challenge to Government–company agreement dismissed for lacking constitutional interpretation and failing on merits.
Constitutional jurisdiction – Article 137 – requirement of a question as to interpretation; equality and non‑discrimination (Art.21) – limits of challenge where no statute is impugned; economic rights (Art.40(2)) – requirement to prove deprivation of right; public finance and guarantees (Arts.152–159, 153–154) – matters for judicial review/Parliament; procedural bars – prior dismissal and non‑joinder; right to fair hearing – necessity to join directly affected private party.
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4 March 2021 |
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Petition challenging closed party primaries and nominations struck out for lack of justiciable constitutional question.
Constitutional law – political parties – internal primaries and nominations – private party processes versus citizens’ voting rights; Justiciability and jurisdiction – whether exclusion from party primaries raises a constitutional question; Electoral law – candidate nomination and the limits of constitutional review of party internal affairs.
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1 March 2021 |