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Citation
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Judgment date
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| December 2023 |
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13 December 2023 |
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UNAIDS admitted as amicus for its HIV/public‑health expertise; pharmaceutical companies refused for lack of impartiality and relevance.
Amicus curiae — Judicature (Amicus Curiae) Rules 2022 — tests for admission: neutrality/impartiality, demonstrable expertise, novelty and public interest — UNAIDS admitted with conditions for its public-health expertise; pharmaceutical companies refused due to potential partiality and insufficiently focused assistance.
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13 December 2023 |
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13 December 2023 |
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Applications for amicus curiae were denied for lack of neutrality and because their submissions duplicated parties' arguments.
Amicus curiae — admission criteria under Judicature (Amicus Curiae) Rules, 2022; requirement of neutrality and impartiality; demonstrable expertise; novelty of points of law; prohibition on duplicative submissions; public statements as evidence of partiality.
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13 December 2023 |
| October 2023 |
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DPP’s valid withdrawal of charges rendered the constitutional petition moot; petition dismissed, each party to bear own costs.
Constitutional law — prosecutorial discretion — DPP’s power to discontinue proceedings (Article 120(3)(d)) — withdrawal (nolle prosequi) and mootness; Constitutional Court will not adjudicate academic or overtaken constitutional claims; civil remedies to be pursued in ordinary courts.
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19 October 2023 |
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6 October 2023 |
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Court upholds Regulation 13 requiring 30%/50% deposit to adjourn mortgage sale as constitutional and within statutory power.
Constitutional law – Mortgage regulations – Adjournment or stoppage of mortgage sale conditioned on 30%/50% security deposit – Right of access to court and fair hearing – Delegated legislation and ultra vires challenge – Distinction from provisions that require payment before hearing (Fuelex).
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6 October 2023 |
| September 2023 |
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28 September 2023 |
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Petition challenging Accountants Act dismissed for failing to disclose a constitutional question and lacking essential particulars.
Constitutional jurisdiction – Article 137 – threshold requirement that petition disclose a cause of action and a real question of constitutional interpretation; Equality (Article 21) – challenge to section 5(3)(b) Accountants Act 2013 – petition dismissed for lack of particularized facts and evidence; remedy in ordinary court with possible reference to Constitutional Court if constitutional questions arise.
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22 September 2023 |
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Closed Appointments Committee proceedings do not breach constitutionally protected press or access rights; limitation is justifiable.
Parliamentary procedure – Committee on Appointments – closed sittings; Access to information – Article 41 and Access to Information Act; Freedom of expression and press – Article 29(1)(a); Limitation clause – Article 43(2)(c) and proportionality/Oakes test; Jurisdiction – Article 137 interpretation of statutory rules made under constitutional authority; Remedies – exhaustion of statutory access procedures.
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12 September 2023 |
| June 2023 |
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Court dismisses petition, holding ACA s.20 a re‑enactment, delays technical, and no constitutional question arose.
* Constitutional law — Article 137 — jurisdiction of Constitutional Court — petition must show a question of constitutional interpretation; res judicata applies to earlier constitutional rulings.
* Criminal law — principle of legality (Article 28(7),(8),(12)) — retrospective application of penal statutes; re‑enactment doctrine where a new act reaffirms prior criminal provisions.
* Anti‑Corruption Act, 2009 s.20 — held to be re‑enactment of Penal Code s.269; conviction under s.20 for pre‑commencement conduct not unconstitutional where no heavier penalty was applied retroactively.
* Civil procedure / court practice — delay in delivery or dating of judgments — technical irregularity; not necessarily fatal to validity under precedent.
* Appeals — section 5(3) Judicature Act — appeals are creatures of statute; limitation on appeals against severity of sentence does not per se violate constitutional rights.
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27 June 2023 |
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6 June 2023 |
| May 2023 |
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A stay of execution was granted pending Supreme Court appeal to preserve the status quo and prevent a nugatory appeal.
Constitutional procedure – stay of execution pending appeal – Rule 6(2)(b) – requirements: timely notice of appeal, likelihood of success, risk of nugatory appeal, balance of convenience, absence of undue delay – preservation of status quo.
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26 May 2023 |
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An omnibus petition challenging many laws failed for lack of on‑face constitutional questions and insufficient proof; injunction refused.
Constitutional jurisdiction – article 137 – requirement that a petition show on its face a question of constitutional interpretation; omnibus petitions and misjoinder; burden of proof on petitioner to raise prima facie constitutional violations; injunctions against laws presumed constitutional; procedural provisions (court vacations, committal, government notice, leave to appeal) as non-justiciable/enforceable matters; emergency public health measures and permissible limitations on rights.
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24 May 2023 |
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Parliament’s failure to ascertain requisite quorum when passing the Act rendered the Narcotic Drugs and Psychotropic Substances Act null and void.
Constitutional jurisdiction – Article 137 – petition discloses questions for interpretation; Parliamentary procedure – quorum – Article 88/89 and Rule 23 (Parliament Rules 2012) – duty to ascertain quorum and record numbers; Legislative validity – failure to meet quorum invalidates enactment; Separation/severability – inseparable provisions lead to invalidation of whole Act; Remedies – declaration of invalidity and costs.
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6 May 2023 |
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2 May 2023 |
| March 2023 |
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Court upheld statutory revocation of a provisional university licence as fair, dismissed bias and procedural challenges.
Administrative law – Higher education regulation – Statutory procedure for revocation of provisional university licence (section 98) – fairness in administrative decision-making – requirement to notify failures and allow opportunity to rectify; Constitutional jurisdiction – Article 137 – cause of action; Bias – alleged conflict where Council Chair is a Vice Chancellor – no evidence of actual or reasonable apprehension of bias; Validity of academic awards – awards issued after lawful revocation invalid.
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17 March 2023 |
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Court upholds cyber‑harassment offence, dismisses offensive‑communication charges, and preserves criminal libel as constitutional.
Constitutional law — freedom of expression — Computer Misuse Act: s24 (cyber harassment) held constitutionally valid; s25 (offensive communication) previously declared vague and unconstitutional (res judicata) — Penal Code s179 (criminal libel) upheld — Article 28(12) legality and Article 43 limitation test applied — online/offline speech distinction considered.
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17 March 2023 |
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Majority dismisses challenges to Uganda Communications Act; one judge declares Section 21(b) violates property rights.
Constitutional law — freedom of expression and press — independence of communications regulator versus ministerial oversight — permissible limitations under Article 43; Property rights — licence requirement for disposal of radio communications apparatus — limitation analysis and procedural safeguards; Equality — exemptions for State security services justified on national security; Administrative justice — minimum broadcasting standards and judicial review.
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17 March 2023 |
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Penal sanctions for organisers and participants of peaceful but unauthorized assemblies under POMA are unconstitutional and proceedings stayed.
* Constitutional law – Freedom of assembly – Article 29(1)(d) – Notification and regulation of public meetings under POMA – permissible limitations versus disproportionate penal sanctions.
* Public Order Management Act, 2013 – Sections 5 and 10 – criminal liability for organisers/participants of peaceful but unauthorized assemblies – held unconstitutional to that extent.
* Constitutional limits – Article 43 proportionality – international jurisprudence (ECtHR) on unauthorized peaceful demonstrations.
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17 March 2023 |
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Blanket tax‑information notices to banks violated account holders’ constitutional right to privacy; statutory investigatory powers require safeguards.
Constitutional law — Tax procedure — Statutory powers of access to premises, records and data storage devices (sections 41 & 42, Tax Procedures Code Act 2014) — Right to privacy (Article 27) — Scope and limits of investigatory powers — Blanket information notices to banks — Proportionality, need for objective grounds/probable cause and safeguards — Privilege and self‑incrimination — Limits on application of Article 28 (fair hearing) to administrative investigations.
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9 March 2023 |
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Discontinuation of criminal proceedings is the DPP’s exclusive constitutional power; State Attorney amendments without DPP authorisation are invalid.
Constitutional law – Article 120(3)(d) and 120(4)(b) – Exclusivity of DPP’s power to discontinue criminal proceedings – Invalidity of amended charge sheet filed by State Attorney without DPP discontinuation – Proper procedure where accused settles with complainant.
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3 March 2023 |
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The applicant challenged church marriage requirements; the court held the respondent's guidelines constitutional and dismissed the petition.
Constitutional law – right to marry (Art.31) – parental blessing vs free consent; Right to privacy (Art.27) – pre‑marital HIV testing and informed consent; Equality and non‑discrimination (Art.33) – differential treatment of bride; Religious freedom and institutional autonomy – internal marriage guidelines; Burden of proof in constitutional petitions.
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2 March 2023 |
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2 March 2023 |
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The Court found the treason provision not vague and its limitation on expression justifiable; pre-committal mention practice not per se unconstitutional.
Criminal law – Treason (s.23(2)(a) Penal Code) – Void for vagueness – Constitutional interpretation and harmonisation with Article 3(2) – Limitation of freedom of expression under Article 43 – DPP committal discretion and magistrates’ pre-committal mentions – speedy trial and torture allegations.
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2 March 2023 |
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Whether statutory and guideline provisions allowing voting by lining up for local elections violate constitutional guarantees of free, secret and non‑discriminatory elections.
Constitutional law — local government elections — voting by lining up versus secret ballot — compatibility with Articles 1(4), 61 and 68(6); electoral administration — Electoral Commission Guidelines, voters’ registers, and complaints mechanisms; discrimination — impact on women and persons with disabilities; parliamentary power to exempt certain elections from secret ballot.
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2 March 2023 |
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A constitutional challenge to statutory third‑party motor insurance provisions (government exemption, suspension, liability caps) was dismissed.
Constitutional law — jurisdiction under Article 137; Equality and discrimination — government vehicle exemption from compulsory third‑party insurance; Access to justice — suspension of statutory Nominal Defendant scheme; Insurance regulation — caps on insurer liability do not extinguish tortfeasor liability; Mootness — dependent claims where primary issue resolved negatively.
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2 March 2023 |
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2 March 2023 |
| February 2023 |
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Statutory provisions permitting marriage of 16–17-year-olds are unconstitutional; only persons aged eighteen or older may marry.
Constitutional law – Family law – Minimum marriage age – Article 31(1) – Pre-1995 statutes (CMRA, MDMA, HMDA) permitting marriage of 16–17-year-olds inconsistent with Constitution; Article 274 (existing law) does not bar constitutional challenge; statutory provisions to be read as permitting marriage only for persons aged 18 or above.
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20 February 2023 |
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Court held ministerial consultation with local government satisfies constitutional participation; petition dismissed for lack of factual foundation.
Constitutional law – public participation – Section 25(1) Uganda Wildlife Act 2019 requires consultation with local government council; consultation through elected local representatives satisfies Objective II(i) and Articles on participation. Administrative action – declaration of protected areas – factual determination of land location is decisive; challenge premised on incorrect factual foundation fails. Property rights – compulsory acquisition – where claimant fails to establish ownership or location, no breach of Articles 26 and 237 is made out. Remedies – petition dismissed; no order as to costs (public interest).
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20 February 2023 |
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Section 91’s correction/cancellation powers for erroneous or illegal titles do not violate property, fair hearing, or equality rights.
Land law — Cancellation/correction of certificates of title under Section 91 — Illegally issued title a nullity (no indefeasibility) — Administrative hearings under Article 42 not Article 28 — Right to notice, hearing and appeal to district land tribunal — Property rights/compensation (Article 26) and equality (Article 21) not contravened.
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20 February 2023 |
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Whether Land Act procedures and District Land Boards' leasing of degazetted land comply with Article 237's protection of customary tenure.
Constitutional law — Land law — Article 237 (land ownership) — Customary tenure — Certificates of customary ownership and conversion to freehold — Role of Area Committees and District Land Boards — Degazetted/former public land — District Land Boards may allocate land not owned by any person or authority; however administering/leasing land that in law reverted to customary owners is inconsistent with Article 237 except where leases derive from reversion to non-citizen leases or where evidence establishes lack of ownership.
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20 February 2023 |
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Court dismissed applicants' claim for lack of jurisdiction, holding it to be enforcement of rights rather than constitutional interpretation.
Constitutional jurisdiction – Article 137 – distinction between questions of constitutional interpretation and enforcement of rights under Article 50; accessibility – sign language interpretation in health services; rights of persons with disabilities – equality, dignity, health, privacy, freedom from degrading treatment; remedy and forum – appropriate forum for enforcement is competent courts under Article 50.
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20 February 2023 |
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Petition challenging salary-setting procedures and presidential directives dismissed; issues largely enforcement matters, not constitutional interpretation.
Constitutional law – Public service commissions’ advisory role versus enforcement; Article 158(2) – Parliamentary prescription of offices and emoluments; Executive initiation of remuneration proposals subject to parliamentary appropriation; Chief Justice’s duty to prepare estimates under Article 155; No prohibition on direct engagement between public servants and the President.
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20 February 2023 |
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Remanding capital-accused by a magistrate does not violate the applicant's right to a fair, speedy trial.
Constitutional law – Criminal procedure – Production and remand of persons accused of capital offences before magistrates – Sections 166 & 167 Magistrates Courts Act – Article 23(4) (48-hour production) – Article 28(1) (fair, speedy hearing) – Ancillary/auxiliary jurisdiction – Harmonization and purposive interpretation – Article 274 modification of existing law – DPP independence (Article 120(6)).
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15 February 2023 |
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Majority finds military trial of a civilian unconstitutional and orders discharge and transfer to civilian custody.
Constitutional law – military courts – General Court Martial – jurisdiction limited to persons subject to military law and service offences – constitutionality of sections of UPDF Act – civilians and military jurisdiction – Article 28(1) fair trial; Article 126(1) judicial power; stare decisis and Kabaziguruka precedent.
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3 February 2023 |
| January 2023 |
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The court held that UPDF officers could be appointed to ministerial positions without contravening the Constitution.
Constitutional Law – Appointment of UPDF officers to ministerial posts – Non-partisanship requirement – Consistency of UPDF Act sections with constitutional provisions – Mootness in judicial review.
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27 January 2023 |
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Constitutional Court lacks jurisdiction to relitigate settled interpretation that Article 98(4) grants presidential immunity from suit during tenure.
Constitutional jurisdiction – Article 137 – Requirement of a question necessitating constitutional interpretation; Presidential immunity – Article 98(4) – Sitting President immune from court proceedings during term (except election petitions); Distinction between constitutional interpretation and enforcement of rights (High Court jurisdiction).
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16 January 2023 |
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A petition challenging proposed bail reforms was dismissed as speculative, procedurally defective and non-justiciable.
Constitutional law — Justiciability — Article 137(3): challengeable matters must be existing Acts, laws or acts under authority of law, not speculative proposals; Procedural law — Service: failure to effect personal service on a respondent may justify dismissal under CPR Order 9 r.19 as adapted; Evidence — Newspaper reports are hearsay and inadmissible to establish facts in constitutional petitions; Constitutional immunity — President protected from suit under Article 98(4); Remedies — Threatened infringements not raising constitutional interpretation should be pursued under Article 50 or other competent courts.
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16 January 2023 |
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The applicant challenged Section 25 as vague; the Court held it infringed freedom of expression.
Constitutional law – Freedom of expression – Computer Misuse Act s.25 (offensive electronic communication) – vagueness and overbreadth – doctrine of fair notice – proportionality under Article 43(2)(c) – stay of enforcement – costs.
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10 January 2023 |
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Court balanced open justice and witness protection, ordering redaction of sexual-violence witnesses' names with limited access to unredacted affidavits.
Constitutional law — Open justice (art.28(1)) v. witness anonymity; protection of sexual-violence survivors; redaction of affidavits; court powers under section 98 Civil Procedure Act; limited sealing/unredacted-copy regime; costs to abide outcome.
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9 January 2023 |