Uganda Case Law

Kyamanywa v Uganda

Kyamanywa v Uganda (Constitutional Reference 10 of 2000) [2001] UGCC 3 (14 December 2001)

Court

Constitutional Court of Uganda

Case number

Constitutional Reference 10 of 2000

Judge

Okello, JA, Mpagi-Bahigeine, JA, Twinomujuni, JA, Engwau, JA, Kitumba, JA

By majority, the Constitutional Court held that the sentence of six strokes of the cane is inconsistent with Article 24 of the Constitution, which prohibits torture, cruel, inhuman, or degrading treatment or punishment. The Court reasoned that corporal punishment, by its very definition and nature, inflicts pain and suffering and thus falls squarely within the category of punishments prohibited by Article 24. The argument that only the manner of application, not the principle, is restricted was rejected, as the Constitution makes no such distinction. The Court further held that Article 273 do…

Source excerpt

• Corporal Punishment
• Interpretation Of Constitution
• Cruel Inhuman Degrading Punishment
• Existing Law And Constitution
• Sentencing
• Rights Of Convicted Persons