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20 Feb 2023

Constitutional Law [2023] UGCC 9

Initiative for Social and Economic Rights (ISER) and 3 Others v Attorney General

Initiative for Social and Economic Rights (ISER) and 3 Others v Attorney General (Constitutional Petition No. 29 of 2017) [2023] UGCC 9 (20 February 2023)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition No. 29 of 2017
Judge: Monica K. Mugenyi, JCC, Gashirabake, JCC, Madrama, JCC, Musoke, JCC, Egonda-Ntende, JCC

The Constitutional Court determined that the petition primarily seeks enforcement of rights, specifically the rights of persons with hearing disabilities to equality, dignity, health, privacy, and information, due to the alleged failure of Government to provide sufficient sign language interpreters at health facilities. The Court held that its jurisdiction under Article 137 is limited to matters requiring interpretation of constitutional provisions, not enforcement of rights. The Court found that the petition did not present a genuine controversy or doubt regarding the meaning of any constitu…

Source excerpt

Jurisdiction Of Constitutional Court
Enforcement Of Rights
Disability Rights
Health Services Access
Interpretation Of Constitution
Public Interest Litigation

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27 Apr 2021

Constitutional Law [2021] UGCC 5

Dr. Kamba Baleke v Attorney General and Another

Dr. Kamba Baleke v Attorney General and Another (Constitutional Petition No. 2 of 2014) [2021] UGCC 5 (27 April 2021)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition No. 2 of 2014
Judge: Cheborion, JCC, Kibeedi Mutangula, JCC, Musoke, JCC, Mulyagonja, JCC, Egonda-Ntende, JCC

The Constitutional Court found that the petition did not raise any question for constitutional interpretation as required under Article 137 of the Constitution. The acts and omissions complained of by the petitioner, including the endorsement of the charge sheet, the conduct of concurrent trials, and the inclusion of alternative charges, were matters of enforcement and procedural regularity that fall within the jurisdiction of the High Court and not the Constitutional Court. The law permits alternative charges in indictments if they are founded on the same facts, and any errors or inconsisten…