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7 Mar 2025

Constitutional Law [2025] EACJ 3

Kiwanuka v Attorney General of the Republic of Uganda

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…

Source excerpt

Executive Powers During Emergencies
Public Health Restrictions
Judicial Independence
Appointment Of Public Officials
Access To Justice
Regional Treaty Compliance

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21 Feb 2020

Administrative Law [2020] UGHCCD 3

Male Mabirizi v Attorney General

Male Mabirizi v Attorney General (MISCELLANEOUS CAUSE NO. 237 OF 2019) [2020] UGHCCD 3 (21 February 2020)

Court: HC: Civil Division (Uganda)
Case number: MISCELLANEOUS CAUSE NO. 237 OF 2019
Judge: Musa Ssekaana, J

The application was dismissed because it was not brought under the proper procedure for judicial review and was filed well outside the prescribed three-month time limit. The applicant attempted to circumvent statutory requirements by framing the application outside the judicial review process, despite seeking remedies that are only available through judicial review. The court emphasized that procedural rules exist to ensure orderly administration of justice and prevent stale claims. The Constitution does not override statutory procedures for accessing court remedies, and litigants must comply…