The Constitutional Court dismissed Sarah Anena’s petition for want of prosecution after she failed to comply with directions on amendment, filing, and service.
Omvia & Another v Attorney General (Constitutional Petition 35 of 2019) [2025] UGCA 95 (1 April 2025)
Court
Court of Appeal of Uganda
Case number
Constitutional Petition 35 of 2019
Judge
Kiryabwire, JCC, Mulyagonja, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kihika, JA /JCC
The Constitutional Court dismissed a petition challenging Land Act provisions and regulations on tenancy by occupancy, holding the claims were not sufficiently proved.
Maberi v Uganda (Criminal Appeal 65 of 2010) [2025] UGCA 69 (11 March 2025)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 65 of 2010
Judge
Mulyagonja, JA, Tibulya, JA/JCC, Kazibwe, JA
The Court of Appeal upheld a 25-year sentence for aggravated defilement, holding that the trial judge had considered remand time and that later deduction rules were not retroactive.
The Constitutional Court found that the omission by the Court of Appeal to hear and determine Election Petition Appeal No.53 of 2016 within the 2016-2021 election cycle was inconsistent with and contravened Articles 126(2) and 140(2) of the Constitution. The Court held that the constitutional requirement for expeditious hearing of election petitions was not met, resulting in a denial of the right to a fair and speedy hearing. The delay meant that the people of Kibuuku County were represented in Parliament by a person whose qualifications had been declared inadequate, undermining the will of t…
Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others (Constitutional Petition 37 of 2019) [2024] UGCC 27 (18 December 2024)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition 37 of 2019
Judge
Egonda-Ntende, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kazibwe, JCC, Asa Mugenyi, JA/ JCC
Section 9(1)(d) of the Expropriated Properties Act, which allows the Minister to deprive former owners of property if they do not physically return and reside in Uganda within 120 days after repossession, is inconsistent with Articles 2(2), 20(1)(2), 21(1)(2)(3), and 26(1)(2) of the Constitution. The provision ties property ownership to physical residence, which is not a constitutionally recognized justification for deprivation of property. The Constitution requires that deprivation of property must be for public use or other specified interests, with prompt payment of fair and adequate compe…
The court found that while the petition initially raised substantial constitutional questions regarding the validity of various provisions of the Venereal Diseases Act, Cap 284, the Act was repealed by Section 97 of the Public Health (Amendment) Act, 2023, during the pendency of the proceedings. As a result, the issues in controversy ceased to exist, rendering the petition moot. The court relied on established legal principles that a case is moot when there is no longer a live controversy or cognizable interest in the outcome, and that jurisdiction may abate if the law in question is repealed…
Initiative for Social Economic Rights v Attorney General (Constitutional Petition 7 of 2019) [2024] UGCC 13 (13 May 2024)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition 7 of 2019
Judge
Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Kihika, JA /JCC
The court held that the acts of the Ministries of Health and Finance, Planning and Economic Development in entering into the project agreements and the subsequent issuance of promissory notes for the International Specialised Hospital of Uganda did not contravene Article 159 (2), (5), and (6) of the Constitution. The agreements were executed pursuant to existing policy frameworks and statutory provisions, and the necessary parliamentary approval was obtained before the promissory notes were enforced. The court found that the requirement for public participation under Article 38 was satisfied…
Faridah Nakazibwe v Attorney General (Constitutional Petition 15 of 2019) [2024] UGCC 28 (11 March 2024)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition 15 of 2019
Judge
Kiryabwire, JCC, Mulyagonja, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kihika, JA /JCC
The core issue was whether the Media Council Disciplinary Committee is a subordinate court under the Constitution or an administrative body. The Court found that the Committee, as established by the Press and Journalists Act, lacks the characteristics of a subordinate court: its members are not required to have judicial qualifications, its procedures and remedies are administrative in nature, and its primary function is regulatory rather than judicial. The Court relied on constitutional interpretation and precedent, particularly the Supreme Court's guidance that the classification of courts d…
Kizito v Attorney General (Constitutional Petition 17 of 2021) [2024] UGCC 7 (23 February 2024)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition 17 of 2021
Judge
Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC
The Constitutional Court of Uganda dismissed a petition challenging Section 4(7) of the Income Tax Act as discriminatory and inconsistent with the Constitution.
Odwe and Another v Attorney General and 4 Others (Consitutional Petition 7 of 2015) [2023] UGCC 106 (19 October 2023)
Court
Constitutional Court of Uganda
Case number
Consitutional Petition 7 of 2015
Judge
Buteera, DCJ, Kiryabwire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Kihika, JA /JCC
The Constitutional Court dismissed a petition challenging amended criminal charges, holding that withdrawal of the charges rendered the case moot and left no live constitutional controversy.
