The African Court reopened pleadings in a case challenging Tanzania’s voting restrictions on prisoners and diaspora citizens, and gave the State 7 days to respond.
Kiwanuka v Attorney General of the Republic of Uganda (Reference No.8 of 2020) [2025] EACJ 3 (7 March 2025) (First Instance Division)
Court
East African Court of Justice
Case number
Reference No.8 of 2020
Judge
Kasanda J, Masara PJ, Muhumuza J, Wejuli DPJ
The Court found that the presidential directives issued in March 2020 to combat COVID-19 were lawful under Uganda's Constitution and the Public Health Act, as they were subsequently formalized through statutory instruments and aligned with WHO recommendations. While the lack of prior notification to EAC Partner States constituted a procedural breach of the Common Market Protocol, the health emergency context justified immediate action. Enforcement by UPDF, UPF, and LDU was authorized under constitutional provisions for emergency cooperation and did not breach the Treaty, as the Applicant fail…
Centre for Human Rights(CHR), Institute for human Rights and Development in Africa(IHRDA) & Legal and Human rights Centre (LHRC) v United Republic of Tanzania (Application No. 019/2018) [2024] AfCHPR 7 (31 May 2024)
The African Court reopened pleadings, gave Tanzania 45 days to respond, postponed the scheduled hearing, and reserved costs in a case concerning persons with albinism.
Rwakaino v Kakuru & Another (Civil Revision 16 of 2023) [2024] UGHC 379 (29 May 2024)
Court
High Court of Uganda
Case number
Civil Revision 16 of 2023
Judge
Joyce Kavuma, J
The High Court dismissed an application for revision, holding that a magistrate’s forwarding of a file to the Chief Magistrate was not an unlawful transfer of suit.
Aenu v Otuba (Miscellaneous Application No. 112 of 2022) [2023] UGHCCD 32 (22 February 2023)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 112 of 2022
Judge
Adonyo, J
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, as he promptly instructed counsel after judgment and relied on their expertise. The negligence and mistakes of the applicant's former counsel in failing to file the appeal within the prescribed time and in prosecuting the appeal should not be visited on the applicant, who lacked legal knowledge and acted in good faith. The court held that the applicant was not guilty of dilatory conduct and that the effective administration of justice requires that substance of disputes be determined on th…
The Industrial Court declined to award costs after dismissing the claim for non-attendance, holding that the claim was not frivolous or vexatious and no exceptional reason justified costs.
The African Court granted provisional measures only on access to medical care and release of the Applicant’s medical file, dismissing the remaining requests.
Semata v Ntambi and Another (Civil Appeal No. 31 of 2020) [2022] UGHCCD 64 (22 April 2022)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal No. 31 of 2020
Judge
Musa Ssekaana, J
The High Court dismissed a civil appeal challenging the striking out of an election suit filed by plaint, holding that such election challenges must be brought by petition.
Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021) [2022] EACJ 18 (28 February 2022) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal No.4 of 2021
Judge
Kayobera P, Kiryabwire VP, Mjasiri JA, M'lnoti JA, Mugeni JA
The EACJ Appellate Division held that it does not exercise appellate jurisdiction over national courts, including the Supreme Court of Kenya, but is empowered to determine whether acts or omissions of Partner State organs, including judicial organs, violate the EAC Treaty. The Court found that the Reference was properly before it, as the impugned act was the Supreme Court's decision, and the Reference was filed within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court affirmed that access to justice and the rule of law are fundamental and operational principl…
