Uganda Case Law

Attorney General v Kabaziguruka

Attorney General v Kabaziguruka (Constitutional Application 5 of 2021) [2021] UGSC 3 (5 August 2021)

Court

Supreme Court of Uganda

Case number

Constitutional Application 5 of 2021

Judge

Owiny-Dollo, CJ, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mike Chibita, JSC

The Supreme Court found that the application raised serious constitutional and legal issues regarding the constitutionality of sections 2, 179, and 119(1)(h) of the UPDF Act, which were declared inconsistent with Articles 28(1) and 44(c) of the Constitution by the Constitutional Court. The Court held that there was a prima facie case and a likelihood of success on appeal, as the issues had not been conclusively interpreted, particularly concerning Article 210 of the Constitution. The Court also determined that the applicant would suffer irreparable injury and the appeal would be rendered nuga…

Source excerpt

• Stay Of Execution
• Military Jurisdiction
• Right To Fair Hearing
• Constitutionality Of Statutes
• Court Martial Powers