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Citation
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Judgment date
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| December 2022 |
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23 December 2022 |
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The court declared unconstitutional the inclusion of Palorinya Sub County in Obongi District without considering mandatory constitutional requirements.
Constitutional law – Creation of new districts – Compliance with Article 179(4) of the 1995 Constitution – Consideration of residents' wishes and social ties.
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15 December 2022 |
Constitutional law—jurisdiction of Military Courts—civilian trials in military courts—constitutionality of Section 119(1)(g) and (h) of the UPDF Act—violation of fair trial rights under Article 28(1) of the Constitution—judicial independence and impartiality—retrospective and prospective annulment of unconstitutional acts—transfer of pending civilian cases to civilian courts.
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15 December 2022 |
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JSC lawfully disciplined and retired the applicant; judicial immunity did not bar disciplinary proceedings for delayed judgment.
Constitutional jurisdiction – Article 137 – petition must raise question of constitutional interpretation; Judicial Service Commission – powers to make disciplinary regulations under Judicial Service Act; Regulation 23 – offences against discipline and incorporation of Code of Judicial Conduct; natural justice – Disciplinary Committee hearings and Commission's final decision; judicial immunity – does not shield non‑judicial or unjustified conduct from disciplinary action.
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8 December 2022 |
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7 December 2022 |
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Petition challenging freezing of bank accounts and AMLA provisions dismissed for lack of proper constitutional question and on the merits.
Constitutional jurisdiction — Article 137 — Court entertains petitions requiring constitutional interpretation; enforcement matters belong to other fora; Anti‑Money Laundering Act 2013: definition section, not offending on its face; challenges inadequately pleaded fail.
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6 December 2022 |
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Whether Parliament validly empowered local councils to establish traditional leaders under Article 246.
Constitutional law — Article 246 — institution of traditional or cultural leaders — meaning of "derives allegiance from birth or descent" — role of customs, traditions, usage or consent — parliamentary prescription of methods where community has not resolved the question — validity of section 4(1)(b) ITCL Act permitting resolution by district and sub‑county councils — split bench: majority upholding statute; minority finding section ultra vires insofar as it empowers political local councils.
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2 December 2022 |
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Court: judicially ordering life sentences to be served without remission is ultra vires and discriminatory; remission is executive/statutory.
Constitutional law — Sentencing — Life imprisonment defined — Remission an executive/statutory function — Judicial orders denying remission ultra vires — Sentencing Guidelines useful but cannot prescribe punishments that only Parliament may enact — Non‑retroactivity of penal law reforms.
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2 December 2022 |
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The court declared sections 168(1)(c) and (d) of the Penal Code void for vagueness and reversing the burden of proof.
Constitutional law — Criminal law — Vagrancy/vagrancy-like offences — Principle of legality and requirement that offences be clearly defined (article 28(12)) — Void for vagueness; Presumption of innocence — reverse onus and deeming provisions violate article 28(3)(a) and fair trial rights; Personal liberty and freedom of movement — unlawful deprivation where based on vague provisions; Jurisdiction — Constitutional Court entitled to determine inconsistency.
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2 December 2022 |