Constitutional Court of Uganda - 2025

26 judgments
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26 judgments
Citation
Judgment date
December 2025
ATIA exemption for pre-conclusion court records unconstitutional; JSC shortlisting discretion and AG non-intervention lawful.
Access to information — Article 41 — Parliamentary mandate under Article 41(2) — ATIA provisions — cabinet records; confidentiality and privilege; deliberative process exemption — Section 1(2)(b) ATIA (court records pre-conclusion) held unconstitutional — Section 17 JSA (privilege of JSC communications) constitutional — Judicial Service Commission discretion in shortlisting — Attorney General non‑intervention and institutional independence.
4 December 2025
Petition challenging park gazettement for lack of consultation/compensation dismissed; SI 43/2003 held valid and remains in force.
Constitutional jurisdiction — statutory instrument — consultation via local government — right to property (Article 26) and prior compensation — burden of proof — res judicata on compensation interpretation — enforcement via Article 50.
4 December 2025
November 2025
Civilian’s challenge to military trial dismissed; Supreme Court ruling non‑retroactive, remedies must be enforced under Article 50.
Constitutional law – Military jurisdiction – Courts Martial jurisdiction over civilians – UPDF Act ss.2, 179, 119(1)(h) – Supreme Court declaration of unconstitutionality – Non‑retrospective effect except where conviction/sentence is pending challenge – Appropriate remedy: enforcement under Article 50 (High Court) not re-interpretation under Article 137.
18 November 2025
Court split: majority dismissed challenges to criminal abortion provisions; minority would have declared them unconstitutional and ordered legislative reform.
Constitutional law — abortion — criminalisation of abortion (Penal Code ss.130–132) — right to life (Art.22(1)–(2)) — right to health and NODPSP — equality and protection of women (Arts.21, 33) — freedom from cruel, inhuman or degrading treatment (Arts.24, 44(a)) — international instruments and reservations — separation of powers — structural interdict/remedies.
14 November 2025
October 2025
City women MPs and municipal constituencies are constitutionally valid; petition dismissed and each party to bear its own costs.
Constitutional law — Parliamentary Elections Act s.8(1) — cities treated as equivalent to districts — one woman representative per district applies to cities; local government — municipalities as constituencies — Parliament prescribes constituencies, Electoral Commission demarcates; Article 63(5) review triggered by census publication; city women MPs are not special interest group representatives.
27 October 2025
Challenge to laws for failing to define "expiry" rejected; term has plain meaning and petition dismissed.
Constitutional jurisdiction — Article 137 — interpretation of the Constitution; Criminal law — vagueness — Article 28(12) — definition of "expiry"; Statutory construction — plain and ordinary meaning; Administrative/factual defenses — matters for trial court.
27 October 2025
Court allowed consolidation of two constitutional petitions alleging fair-trial breaches by revenue authority prosecutions.
Constitutional procedure – consolidation of petitions under Rule 13 where petitions concern same matter; alleged fair trial breaches in prosecutions involving revenue authority employees; challenges to statutory provisions as inconsistent with constitutional fair trial rights.
27 October 2025
Whether statutory cash-bail provisions unlawfully discriminate against indigent accused and violate constitutional rights.
* Constitutional law – Bail – Validity of cash-bail provisions under Section 78(b) Magistrates Courts Act and Bail Guidelines (2022) – Presumption of constitutionality and judicial discretion to impose reasonable conditions. * Human rights – Right to liberty, equality and fair hearing – Whether cash bail discriminates against indigent accused and prolongs remand. * Remedies – Review of bail terms by supervisory courts; refund of cash bail at case conclusion; compensation not appropriate in this constitutional petition.
13 October 2025
10 October 2025
Challenge to amendment limiting MPs' recall to the Movement system dismissed; limitation found constitutional and not discriminatory.
Constitutional law – Constitutional amendment – Power of Parliament to amend Constitution – Article 84(7) (recall of MPs) introduced by 2005 amendment – Movement vs Multi-Party systems; Equality and non‑discrimination – limitation justified and not unfairly discriminatory; Res judicata – prior cases did not decide Article 84(7) constitutionality.
7 October 2025
Petition challenging re‑arrest, splitting of charges, prolonged remand and partial disclosure dismissed as questions already decided; no fresh interpretation required.
Constitutional law – Article 137 jurisdiction – interpretation v enforcement; res judicata in constitutional interpretation; criminal procedure – pre‑trial disclosure and witness protection (Rules 19, 22, 36 ICD Rules); splitting charges/parallel prosecutions; re‑arrest by military personnel after bail; prolonged remand without trial.
3 October 2025
September 2025
Court held Parliament’s purchase of personal vehicles for MPs lawful and not unconstitutional or discriminatory.
Constitutional jurisdiction — whether petition raises question of interpretation; Equality and non‑discrimination — Article 21 (analogous grounds); Article 45 — recognition of unlisted rights/grounds; Public property and Consolidated Fund — Article 17(d) and Article 154(1); Parliamentary powers — Articles 77 & 85, Administration of Parliament Act and budgetary authority; Procurement — interplay with PPDA and parliamentary budgeting.
26 September 2025
August 2025
Arbitration tribunals in Uganda are not courts of judicature and the issue is res judicata, requiring no fresh constitutional interpretation.
Constitutional law – Res judicata – Arbitration and Conciliation Act – Judicial power – Whether arbitral tribunals are courts of judicature – Arbitral bodies as administrative/quasi-judicial entities – Doctrine of stare decisis – Constitutional interpretation.
20 August 2025
Uganda’s Constitutional Court declined to introduce no-fault divorce, but held that property protections in judicial separations must be gender-equal.
• Constitutional law — interpretation — Divorce Act — free consent in marriage — right to equality — gender discrimination — right to privacy — procedural fairness — family protection — interpretation of outdated statutes. • Family law — divorce proceedings — distinction between fault and no-fault divorce — judicial regulation of marriage dissolution — gender equality in divorce remedies. • Discrimination — protection of property and legal rights upon judicial separation — equal application to husbands and wives required.
18 August 2025
Court upholds the legality of long prison sentences and finds that remission is a statutory, not constitutional, entitlement.
Constitutional law – Sentencing – Legality of sentences of imprisonment without remission – Separation of powers – Remission as statutory not constitutional right – Cruel, inhuman or degrading punishment – Sentencing discretion – Right to rehabilitation – Judicial power and conformity with law.
11 August 2025
Prior decisions barring magistrate courts from granting bail in capital cases are binding; only the High Court has jurisdiction.
Constitutional law – fair hearing – automatic remand – right to bail – interpretation of constitutional bail provisions – doctrine of res judicata – whether bail in capital offences may be granted by subordinate courts – constitutional validity of statutory and practice directions regarding bail and committal processes.
8 August 2025
A petition challenging the appointment of a Labour Officer by the Public Service Commission was dismissed for failing to raise a constitutional issue.
Constitutional law – Constitutional interpretation – Appointment of Labour Officers – Jurisdiction of Constitutional Court – Abuse of process – Requirement for real constitutional controversy.
8 August 2025
Constitutional Court jurisdiction limited to a panel of five for interlocutory applications; inherent powers affirmed.
Constitutional Law – Jurisdiction of Constitutional Court – interlocutory applications – judicial self-determination of jurisdiction – composition of Constitutional Court for interlocutory matters.
6 August 2025
July 2025

Family Law—Marriage and equality—Polygamy—Challenge to Penal Code definitions exempting polygamous husbands from bigamy—Claimed violation of rights to equality, dignity, health, and property—Court found no breach—Polygamy protected by religion and culture—Monogamous and polygamous marriages governed differently—Consensual polygamy not discriminatory or inhuman—Judicial notice taken—Petition dismissed—No orders—Each party to bear own costs

10 July 2025
June 2025

 

27 June 2025
May 2025

Constitutional Law – Constitutional interpretation – appointment of Secretary General, Deputy Secretary General, Treasurer and Deputy Treasurer of NRM as ex-officio members of national organs – whether inconsistent with Article 71 of the Constitution – whether there was a question for constitutional interpretation – majority of court held no question for interpretation – dissenting opinion held there was a constitutional question – appointment upheld as not inconsistent with Constitution – petition dismissed with no order as to costs.

27 May 2025
A constitutional petition alone does not justify staying criminal proceedings; stays require exceptional, public‑interest circumstances.
Constitutional law — temporary injunctions and stays of criminal proceedings — exceptional circumstances required; public interest and DPP prosecutorial powers; Section 21A Anti‑Corruption Act challenged on reverse onus and vagueness grounds.
9 May 2025
April 2025

Constitutional law — compulsory acquisition of land — right to property — fair hearing — prompt and adequate compensation — judicial discretion — public interest — validity of legislation — Section 10(5)(c) declared unconstitutional — partially succeeds — no costs

8 April 2025
Contempt application dismissed: applicants failed to prove respondents willfully disobeyed consultative/reporting obligations; process ongoing.
* Constitutional law – contempt of court – requirements: lawful order, notice/knowledge, ability to comply, and failure to comply. * Separation of powers – judicial restraint in supervising executive/legislative consultative processes and administrative decisions. * Administrative law – implementation of court-declared obligations to initiate consultations and to report within a specified timeframe. * Procedural law – prematurity of contempt applications where reporting timelines and discretionary consultative processes remain ongoing.
7 April 2025
February 2025

Constitutional law—electoral disputes—delayed appeal determination—right to a fair & speedy hearing—judicial duty—election cycle—constitutional compliance—rule of law—access to justice

18 February 2025
January 2025

 

10 January 2025