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Citation
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Judgment date
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| December 2024 |
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18 December 2024 |
Access to Information and Privacy—Constitutional interpretation—Leadership Code Act—declaration of assets and liabilities—right to information—right to privacy—Inspectorate discretion—public accountability—balancing public interest and privacy—payment of fees to access declarations deemed constitutional—partial inconsistency of provisions with Constitution—judicial intervention to uphold transparency and accountability
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12 December 2024 |
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12 December 2024 |
| November 2024 |
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22 November 2024 |
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22 November 2024 |
Constitutional law—right to fair hearing—double jeopardy—successive prosecutions—stay of execution—contempt of court—jurisdiction of constitutional court—prosecution of illicit enrichment charges—Supreme Court stay of execution—discharge of accused—non-enforceability of orders pending appeal
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15 November 2024 |
Constitutional law – tribunals vs. judicial officers – subordinate courts – terms of service – equal pay – judicial independence – discrimination – interpretation – court held Leadership Code Tribunal not a subordinate court under Article 129, tribunal members not entitled to judicial officers' terms.
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6 November 2024 |
| August 2024 |
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Constitutional interpretation ruling that asset disclosure under the Anti-Corruption Act does not infringe presumption of innocence.
Constitutional law – Interpretation of constitutional provisions – Presumption of innocence – Self-incrimination – Anti-corruption regulations – Public officers' duty to disclose assets.
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12 August 2024 |
| July 2024 |
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4 July 2024 |
| May 2024 |
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Whether the Inspectorate of Government may investigate and prosecute matters subject to interim injunctions; Court held such conduct unconstitutional.
• Constitutional law – Article 137(3): jurisdiction of Constitutional Court to interpret Constitution and grant declarations. • Judicial independence – Article 128: courts’ orders must be respected; investigations/prosecutions that undermine judicial process may be unconstitutional. • Inspectorate of Government – Article 225 and Inspectorate of Government Act S.19(1)(c): limits on investigating civil matters before court; constitutional bodies must act within statutory and constitutional limits. • Remedies – relief by declaration and staying/dismissal of prosecutions; costs. • Corporate status – IGG’s legal capacity and the Attorney General as proper respondent.
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29 May 2024 |
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23 May 2024 |
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22 May 2024 |
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22 May 2024 |
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Challenge to Venereal Diseases Act rendered moot by its repeal and dismissed without costs.
Constitutional law — challenge to statutory provisions under the Constitution — repeal of impugned statute by subsequent legislation — mootness; Public Health (Amendment) Act 2023 repealing Venereal Diseases Act (Cap 284) — effect on justiciability of constitutional challenges.
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13 May 2024 |
Parliamentary approval—Application challenging government’s conclusion of agreements and issuance of promissory notes without prior parliamentary resolution—Court finding parliamentary approval was obtained under PFMA and the Constitution—No contravention of Articles 159 and 79—No violation of public participation rights—Petition dismissed with no order as to costs
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13 May 2024 |
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A pollution‑control licensing regime, properly interpreted, does not violate the constitutional right to a clean and healthy environment.
Environmental law – Pollution control licences – interpretation in context; whether licences authorise pollution contrary to Article 39 and Article 245(a) – Environmental and social impact assessments – discretion under s.83(2)(a) versus mandatory ESIA regimes (Schedules 4 & 5) – Precautionary principle and polluter‑pays principle – Statutory interpretation (whole‑text, purposive).
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9 May 2024 |
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The court determined that provisions for pollution control licenses in the National Environment Act do not violate constitutional rights to a clean environment.
Environmental Law – Pollution Control – Issuance of pollution control licenses – Compliance with constitutional environmental rights – National Environment Act and sustainable development.
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9 May 2024 |
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Whether an interim stay is warranted where a substantive stay is pending and execution by garnishee is imminent.
Interim stay of execution — requirements: pending substantive application and serious threat of execution; notice of appeal; garnishee order and execution on estate funds; reliance on Hwang Sung Industries Ltd v Tajdin Hussein and Kisuule v Greenland Bank.
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7 May 2024 |
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A petition enforcing Article 4 obligations was dismissed for lacking a constitutional interpretation question, thus outside this Court’s jurisdiction.
Constitutional jurisdiction – Article 137(1) – scope limited to interpretation of the Constitution; Enforcement of constitutional obligations – Article 4 (translation, dissemination, teaching, media) – enforcement lies under Article 50 in ordinary courts; Distinction between interpretation (Constitutional Court) and enforcement (ordinary courts).
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7 May 2024 |
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Constitutional Court lacks jurisdiction to enforce Article 4 obligations; enforcement lies under Article 50 in ordinary courts.
Constitutional jurisdiction – Article 137 – limited to interpretation; Article 4 – promotion of public awareness (translation, dissemination, teaching, media); Article 50 – enforcement of constitutional rights in ordinary courts; distinction between interpretation and enforcement.
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7 May 2024 |
| April 2024 |
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Court upheld most of the Act but struck down sections 3(2)(c), 9, 11(2)(d) and 14 as unconstitutional for health/privacy harms.
Constitutional law — challenges to Anti-Homosexuality Act, 2023 — presumption of constitutionality and burden of proof; procedural compliance (quorum, financial certificate, public participation) — rights: legality (nullum crimen), equality and non-discrimination (sexual orientation not a protected ground under Article 21 in Ugandan Constitution), human dignity (contextual balancing with national values), privacy (reporting duty struck down), freedom of expression/association (permissible limits protecting public interest), right to health (certain provisions struck down).
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3 April 2024 |
| March 2024 |
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Court upheld refund order but struck down High Court’s prospective directive prescribing future disbarment as unconstitutional.
Constitutional jurisdiction – Article 137(1)&(3) – petition must raise an arguable controversy about interpretation; Advocates' discipline – limits on advocate’s interest in decretal sums; Advocates Act – statutory remedies for recovery of costs; Right to fair hearing and independence of tribunal – Article 28(1) – prohibition on pre‑prescribing punishment for future proceedings; Prospective punishment – unlawful interference with disciplinary independence.
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25 March 2024 |
Media regulation—judicial review—Media Council Disciplinary Committee—subordinate court status—constitutional interpretation—right to fair hearing—judicial independence—administrative tribunal—petition dismissed—costs borne by parties
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11 March 2024 |
| February 2024 |
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Petitioner failed to prove Section 4(7) Income Tax Act discriminates against certain small‑turnover professionals; petition dismissed.
* Constitutional law – Article 137 – Questions as to interpretation of the Constitution; * Tax law – Income Tax Act s.4(7) – presumptive tax exclusion for certain professions; * Equality and non‑discrimination – Article 21 – burden of proof and effect test; * Constitutional interpretation – purpose and effect analysis; * Remedies – declaration dismissed, costs borne by each party.
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23 February 2024 |
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Reinstatement of prosecutions discontinued pre-trial by the DPP does not breach Articles 120 or 28; s.121 MCA is constitutional.
Constitutional law – Director of Public Prosecutions – scope of powers to discontinue and institute prosecutions; Magistrates Courts Act s.121(a) – withdrawal before judgment not a bar to subsequent proceedings; Right to fair hearing – Article 28(9)–(10) (double jeopardy/pardon) applies only after trial and conviction/acquittal or pardon.
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21 February 2024 |
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The Constitutional Court dismissed the applicant's petition because identical constitutional issues were already settled by a prior decision.
* Constitutional jurisdiction – Article 137 – limited to interpretation of the Constitution and grant of declarations and redress.
* Finality of constitutional determinations – once this Court has settled a constitutional question it should not be re‑litigated.
* Subordinate courts – determination that an arbitration/dispute‑resolution centre is not a subordinate court.
* Judicial status – challenge to status of organisation and its officers as judicial organs/officers.
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20 February 2024 |
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A petition challenging a club’s internal acts was dismissed for lacking any question of constitutional interpretation and for forum shopping.
* Constitutional jurisdiction – Article 137 – limited to questions requiring interpretation of the Constitution; enforcement of rights falls under Article 50. * Private associations – constitutions and rules may be challenged under Article 137 only when constitutional interpretation is involved. * Civil procedure – forum shopping – a petition duplicative of matters pending in the High Court is improper. * Service – failure to serve a respondent (Registrar of Titles) led to dismissal against that respondent.
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20 February 2024 |
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Petition challenging vesting under TRRAP Act dismissed as premature, mainly factual and for High Court, and an abuse of process.
Constitutional jurisdiction — Article 137(3) — distinction between constitutional interpretation and factual/evidential disputes — proprietary rights and vesting under TRRAP Act — res judicata and prior interpretation of Article 26 — abuse of process; remedies to be pursued in High Court where factual ownership and fraud are in issue.
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14 February 2024 |
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13 February 2024 |