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Constitutional Court of Uganda - 2025 August

6 judgments
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6 judgments
August 2025
Walusimbi Nelson and Andrew Wambi v Uganda Law Society and Others (Constitutional Reference No. 1 of 2023) [2025] UGCC 12 (20 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
Innocent Ngobi Ndiko and Others v Attorney General and Others (Constitutional Petition No. 23 of 2020) [2025] UGCC 11 (18 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to equality — gender discrimination — right to privacy — procedural fairness — family protection — interpretation of outdated statutes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
Foundation For Human Rights Initiative and Others v Attorney General of Uganda (Constitutional Petition No. 3 of 2015) [2025] UGCC 10 (11 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
Asingwire Alex Mukasa v Attorney General (Constitutional Petition No. 44 of 2022) [2025] UGCC 9 (8 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
Micro Credit for Development and Transformation Cooperative Savings and Credit Society Uganda Limited v Semanda Edward and Others (Constitutional Petition No.4 of 2022) [2025] UGCC 8 (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
Ntwatwa Jackson v Attorney General (Constitutional Petition No. 9 of 2017) [2025] UGCC 7 (6 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