Uganda Case Law

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania (Reference No.19 of 2019) [2024] EACJ 5 (27 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.19 of 2019

Judge

Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court applied the three-tier test to the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019. First, it found that the limitations imposed by the Act are prescribed by law, with clear and accessible provisions and defined terms. Second, the Court determined that the objectives of the Act—addressing regulatory challenges, clarifying mandates, enhancing accountability, and aligning with international obligations—are pressing and substantial. Third, the Court held that the measures adopted are proportionate to the objectives, with adequate safeguards and redress mechanisms for aggrieve…

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• Treaty Compliance
• Public Participation
• Judicial Review
• Statutory Interpretation
• Good Governance
• Regulation Of Ngos

East Africa Law Society v Attorney General of the United Republic of Tanzania and Another (Appeal No.2 of 2021)

East Africa Law Society v Attorney General of the United Republic of Tanzania and Another (Appeal No.2 of 2021) [2022] EACJ 30 (31 August 2022) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal No.2 of 2021

Judge

Kayobera P, M'lnoti JA, Mugeni JA

The Appellate Division upheld the nomination of Judge Sauda Mjasiri to the EACJ, found no Treaty breach, but replaced costs with each party bearing its own.

• Judicial Appointments
• Treaty Interpretation
• Public Participation
• Good Governance
• Judicial Independence
• Judicial-appointments

Malek v Minister of Justice of the Republic of South Sudan and Another

Malek v Minister of Justice of the Republic of South Sudan and Another (Reference No.9 of 2017) [2020] EACJ 21 (24 July 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.9 of 2017

Judge

Mugenyi PJ, Ntezilyayo J, Nyachae J

The Court found that the removal of the Applicant from the position of Justice of the Court of Appeal of South Sudan by Republican Decree No.100/2017 was unlawful because it did not comply with the mandatory constitutional and statutory procedures, specifically the requirement for a recommendation from the Judicial Service Commission. The President's unilateral action violated both the Transitional Constitution and the Judiciary Act of South Sudan. This breach of domestic law constituted a violation of the rule of law and good governance principles enshrined in Articles 6(d) and 7(2) of the T…

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• Judicial Independence
• Removal Of Judges
• Rule Of Law
• Treaty Obligations
• Good Governance

Basajjabalaba and Another v Attorney General of the Republic of Uganda

Basajjabalaba and Another v Attorney General of the Republic of Uganda (Reference No.8 of 2018) [2020] EACJ 22 (22 July 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.8 of 2018

Judge

Mugenyi PJ, Ngiye J, Ntezilyayo DPJ, Nyachae J, Nyawello J

The East African Court of Justice dismissed a Ugandan reference alleging delayed judgment, improper judicial signatures, and police/prosecutorial misconduct as duplicative, pending domestic appeal.

• Rule Of Law
• Judicial Independence
• Right To Fair Trial
• Good Governance
• Separation Of Powers
• Access To Justice

Mseto and Another v Attorney General of Tanzania

Mseto and Another v Attorney General of Tanzania (Reference 7 of 2016) [2018] EACJ 44 (21 June 2018) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 7 of 2016

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court found that the Minister's order banning Mseto was issued without adequate reasons, failed to establish how the publication specifically violated public interest, peace, or good order, and did not afford the Applicants a reasonable opportunity to respond. The order was found to be arbitrary, disproportionate, and not anchored in law as required by both the EAC Treaty and international human rights standards. The Court held that while freedom of expression and press freedom are not absolute, any restriction must be lawful, necessary, and proportionate. The Respondent failed to demonst…

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• Freedom Of Expression
• Press Freedom
• Administrative Action
• Good Governance
• Rule Of Law
• Human Rights

Mpozayo v A.G. of Rwanda

Mpozayo v A.G. of Rwanda (Reference 10 of 2014) [2016] EACJ 132 (28 September 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 10 of 2014

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The Court held that the Reference disclosed a cause of action under Article 30(1) of the Treaty, as the Applicant alleged violations of good governance, rule of law, and human rights. The Court found that the limitation period prescribed by Article 30(2) was satisfied for both causes of action: (1) the claim for compensation for arbitrary arrest and detention, which accrued upon the certification of no appeal dated 5th June 2014, and (2) the challenge to the appellate court's confirmation of provisional detention, which was premised on the judgment of 5th May 2014. The Reference was filed wit…

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• Treaty Interpretation
• Limitation Periods
• Cause Of Action
• Arbitrary Detention
• Good Governance
• Human Rights

Koroso v A.G. of Republic of Kenya and Anor

Koroso v A.G. of Republic of Kenya and Anor (Reference 12 of 2014) [2016] EACJ 111 (24 March 2016) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 12 of 2014

Judge

Lenaola JA

The Court held that it had jurisdiction to entertain the Reference under Articles 23, 27, and 30 of the Treaty, as the Applicant alleged violations of the Treaty by the Respondents. While some of the actions complained of were time-barred, the non-compliance with the Warrant of Arrest dated 9th July 2014 fell within the two-month limitation period, making the Reference partially within time. The Court found that the Respondents' failure to comply with the Warrant of Arrest before the stay of execution was granted constituted a violation of the principles of good governance and rule of law und…

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• Enforcement Of Judgments
• Treaty Interpretation
• Rule Of Law
• Good Governance
• Time Limitation
• Exhaustion Of Remedies

The Uprona Party and Ors. v A.G. of Republic of Burundi

The Uprona Party and Ors. v A.G. of Republic of Burundi (Reference 2 of 2014) [2015] EACJ 24 (26 November 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 2 of 2014

Judge

Mugenyi JA

The EACJ dismissed UPRONA’s challenge to Burundi’s land commission law, finding no sufficient evidence that it breached Treaty principles or fair-trial rights.

• Separation Of Powers
• Judicial Independence
• Right To Fair Trial
• Good Governance
• Rule Of Law
• Administrative Tribunals

Gasutwa and Others v A.G. of Burundi

Gasutwa and Others v A.G. of Burundi (Reference 13 of 2014) [2015] EACJ 32 (26 November 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 13 of 2014

Judge

Lenaola JA, Mugenyi JA, Ntezilyayo JA

The Court found that it had jurisdiction only to interpret the Treaty and determine whether the acts of the Minister for Home Affairs breached Articles 6(d) and 7(2), but not to nullify national decisions or order elections, which are reserved for national courts. The challenge to the recognition of Ms. Nibigira as President and Legal Representative was time-barred, as it was brought more than two months after the Minister's decision. The Applicants failed to provide sufficient evidence or legal authority to establish that the refusal to authorize the Central Committee meeting constituted unl…

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• Political Party Governance
• Government Interference
• Rule Of Law
• Good Governance
• Judicial Review

Ochieng and Anor v A.G. of Uganda

Ochieng and Anor v A.G. of Uganda (Reference 11 of 2013) [2015] EACJ 39 (7 August 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 11 of 2013

Judge

Jundu JA, Lenaola JA, Mugenyi JA

The East African Court of Justice dismissed a challenge over alleged delay in appointing Ugandan judges, finding no proof of refusal or Treaty breach.

• Judicial Appointments
• Separation Of Powers
• Rule Of Law
• Good Governance
• Independence Of Judiciary
• Judicial-appointments