Uganda Case Law

Kakaire and Another v Uganda National Examination Board and Another

Kakaire and Another v Uganda National Examination Board and Another (Constitutional Petition No. 58 of 2013) [2021] UGCC 14 (11 May 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 58 of 2013

Judge

Cheborion, JCC, Kibeedi Mutangula, JCC, Musoke, JCC, Mulyagonja, JCC, Egonda-Ntende, JCC

The Constitutional Court held that the Uganda National Examinations Board's practice of scheduling national examinations on Muslim religious holidays (Idd Adhua and Idd el-Fitr) infringed the constitutional right to freedom of religion of Muslim students, specifically their right to manifest their religion through observance of these holidays. The Court found that this practice was not justified under Article 43 of the Constitution, as no evidence was provided that such limitation was necessary to protect the rights of others or the public interest, nor was it demonstrably justifiable in a fr…

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• Freedom Of Religion
• Public Holidays
• Reasonable Accommodation
• Equality Rights

Kifampa & Another v Attorney General

Kifampa & Another v Attorney General (MISCELLANEOUS CAUSE NO. 154 OF 2017) [2020] UGHCCD 129 (1 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 154 OF 2017

Judge

Musa Ssekaana, J

The court found that the respondent's agents conducted a search at Nakasero Mosque without a search warrant or warrant card and failed to comply with mandatory procedural safeguards under the Police Act. The absence of written records and failure to notify the nearest magistrate rendered the search illegal and unlawful. The conduct of the security operatives during the search violated the applicants' rights to privacy, religious freedom, and protection of property under Articles 27, 29, and 37 of the Constitution. However, the applicants did not substantiate claims of torture or inhuman treat…

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• Search And Seizure
• Freedom Of Religion
• Right To Privacy
• Compensation For Rights Violation
• Police Powers
• Property Rights

Dimance Sharon & 2 Ors v Makerere University

Dimance Sharon & 2 Ors v Makerere University (Constitutional Appeal 2 of 2004) [2006] UGSC 22 (18 August 2006)

Court

Supreme Court of Uganda

Case number

Constitutional Appeal 2 of 2004

Judge

Katureebe ,JSC, Odoki, Ag. JSC, Oder, J, J.W.N.Tsekooko, JSC, Karokora, JSC, Mulenga, JSC, Kanyeihamba, JSC

The Supreme Court held that while the appellants' right to freedom of religion is protected by the Constitution, this right is not absolute and must be balanced against the public interest and the administrative needs of the university. The university's policy of conducting lectures and examinations on any day of the week, including Saturdays, was found to be a reasonable and necessary measure to expand access to higher education and manage resources efficiently. The court found that the appellants were not coerced into violating their beliefs, as they were informed of the policy upon admissi…

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• Freedom Of Religion
• Right To Education
• Reasonable Accommodation
• Public Interest Limitation

World Organisation Against Torture and Others v Zaire (Communication 100 of 1993; Communication 25 of 1989; Communication 47 of 1990; Communication 56 of 1991)

World Organisation Against Torture and Others v Zaire (Communication 100 of 1993; Communication 25 of 1989; Communication 47 of 1990; Communication 56 of 1991) [1996] ACHPR 1 (4 April 1996)

Court

African Commission on Human and Peoples Rights

Case number

Communication 100 of 1993 ; Communication 25 of 1989 ; Communication 47 of 1990 ; Communication 56 of 1991

The African Commission found Zaire responsible for serious or massive violations of the African Charter, including torture, detention, unfair trials, and rights abuses involving religion, health, and education.

• Torture And Inhuman Treatment
• Arbitrary Detention
• Freedom Of Religion
• Right To Education
• Right To Health
• Extrajudicial Executions

Free Legal Assistance Group and Others v DRC (Communication 100 of 1993; Communication 25 of 1989; Communication 47 of 1990; Communication 56 of 1991)

Free Legal Assistance Group and Others v DRC (Communication 100 of 1993; Communication 25 of 1989; Communication 47 of 1990; Communication 56 of 1991) [1996] ACHPR 9 (4 April 1996)

Court

African Commission on Human and Peoples Rights

Case number

Communication 100 of 1993 ; Communication 25 of 1989 ; Communication 47 of 1990 ; Communication 56 of 1991

The African Commission found Zaire responsible for serious and massive violations of the African Charter, including torture, detention, unfair trials, and rights deprivations.

• Torture And Inhuman Treatment
• Arbitrary Arrest And Detention
• Freedom Of Religion
• Right To Education
• Freedom Of Association
• Right To Health

Free Legal Assistance Group and Others v DRC (25/89-47/90-56/91-100/9)

Free Legal Assistance Group and Others v DRC (25/89-47/90-56/91-100/9) [1995] ACHPR 13 (31 October 1995)

Court

African Commission on Human and Peoples Rights

Case number

25/89-47/90-56/91-100/9

The African Commission found Zaire responsible for serious and massive violations of the African Charter, including torture, detention, unfair trials, and denial of basic rights.

• Human Rights Violations
• Torture And Inhuman Treatment
• Arbitrary Detention
• Freedom Of Religion
• Right To Education
• Right To Health