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Uganda Case Law

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Constitutional Law [2023] UGHCACD 6

Mabirizi v Uganda (DPP) and Another

Mabirizi v Uganda (DPP) and Another (Miscellaneous Cause 3 of 2023) [2023] UGHCACD 6 (4 July 2023)

The court found that the applicant had locus standi under Article 50 of the Constitution to bring the application. However, the substantive claims failed because political leaders are not immune from criminal prosecution unless such immunity is expressly provided by law, which is only the case for the President while in office. The investigations, arrests, detentions, and prosecutions of political leaders in connection with the alleged diversion of iron sheets did not violate any fundamental rights, as criminal liability is individual and must be determined through trial. The applicant failed…

  • Locus Standi
  • Immunity Of Political Leaders
  • Criminal Prosecution Of Public Officials
  • Enforcement Of Fundamental Rights
  • Public Interest Litigation
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Constitutional Law [2023] UGHCACD 7

Mabirizi Kiwanuka v Uganda (DPP) and Another

Mabirizi Kiwanuka v Uganda (DPP) and Another (Criminal Miscellaneous Cause 3 of 2023) [2023] UGHCACD 7 (4 July 2023)

The court found that the applicant had locus standi under Article 50 of the Constitution to bring the application in public interest. However, the substantive claims failed because political leaders are not immune from criminal investigation or prosecution under Ugandan law. The Constitution only grants temporary immunity to the President while in office, and no such immunity extends to other political leaders. The applicant's reliance on the definition of public office and arguments about accountability were misplaced; criminal liability is individual and determined by evidence of participat…

  • Locus Standi
  • Immunity Of Political Leaders
  • Criminal Prosecution Of Public Officials
  • Enforcement Of Fundamental Rights
  • Public Interest Litigation
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.