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Uganda decisions
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Mabirizi v Inspector General of Police & Another (Miscellaneous Cause 29 of 2023) [2024] UGHC 384 (31 May 2024)
The High Court dismissed Mabirizi’s judicial review application for lack of locus standi, holding he did not show direct or sufficient interest in the police directives.
Mabirizi Kiwanuka v Inspector General of Police and Another (Misc Cause 29 of 2023) [2024] UGHC 417 (31 May 2024)
The High Court dismissed this judicial review application for lack of locus standi, holding that the applicant lacked sufficient interest under Rule 3A.
Touray and Others v Republic of the Gambia (Application No. 026/2020) [2022] AfCHPR 76 (24 March 2022)
The Court found that it had jurisdiction over the matter, as the Respondent State is a party to the Protocol and has deposited the required declaration. On admissibility, the Court determined that the applicants' challenge to Section 5 of the Public Order Act had already been settled by the ECOWAS Court of Justice in Ousainou Darboe and 31 others v The Republic of The Gambia, which addressed the same legal and factual issues. The Court held that, although the applicants were not parties to the ECOWAS case, both cases were public interest cases and the identity of parties requirement was satis…
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African Freedom of Expression Exchange & 15 Others (Represented by FOI Attorneys) v Algeria & 27 Others (Communication 742 of 2020) [2021] ACHPR 11 (26 April 2021)
The African Commission declined to seize a complaint alleging unlawful internet shutdowns across 28 States, finding the allegations too vague and unsupported.
Rights Trumpet & 2 Others v AIGP Asan Kasingye & 5 Others AND Mucunguzi Abel & 9 Others v Attorney General & 2 Others (Consolidated Miscellaneous Cause No. 17 & 3 of 2017) [2020] UGHC 42 (15 May 2020)
The High Court held that police violated protesters’ and children’s rights through unlawful detention, torture, and family separation, and awarded damages and costs.
Ajavon v Republic of Benin (Application No. 062/2019) [2020] AfCHPR 49 (17 April 2020)
The African Court ordered Benin to suspend municipal and council elections pending judgment on the merits, but refused to suspend the challenged laws.
Yayi v Republic of Benin (Application No. 023/2019) [2019] AfCHPR 85 (8 August 2019)
The African Court declined provisional measures in Thomas Boni Yayi v Republic of Benin, finding prima facie jurisdiction but no extreme gravity or irreparable harm.
East African Law Society v Attorney General of Uganda and Another (Reference 2 of 2011) [2018] EACJ 81 (28 March 2018)
The Court found that the Applicant had locus standi to bring the Reference under Article 30(1) of the Treaty. However, the Applicant failed to provide credible, authentic, and admissible evidence to substantiate allegations of violent suppression of protests and human rights violations by agents of the 1st Respondent. The affidavits submitted lacked corroborating documentation, and the electronic video evidence was inadmissible due to lack of authentication by the maker. The Court held that mere notoriety or media reports do not suffice as proof in the absence of reliable evidence. Regarding…
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Attorney General v Forum for Democratic Change & (Constitutional Application No. 18 of 2016) [2016] UGCC 3 (29 April 2016)
The Constitutional Court granted interim orders restraining the respondents from defiance campaign activities and stayed related proceedings pending the main constitutional application.
Nabagesera & 3 ors v Attorney General & Anor (Misc. Cause No.O33 of 2012) [2014] UGHCCD 85 (24 June 2014)
The court found that the applicants, in organizing and attending the workshop, were promoting and encouraging homosexual acts, which are prohibited under Ugandan law. The evidence, including unrebutted affidavits from the Minister and a former associate, established that the workshop aimed to equip participants to further same-sex practices and advocacy. The court held that the exercise of constitutional rights such as freedom of expression, assembly, association, and equality before the law must be within the confines of the law and may be limited in the public interest, particularly to prot…
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