Uganda Case Law

Busingye & Another v The Parliamentary Commission & Another

Busingye & Another v The Parliamentary Commission & Another (Constitutional Petition 4 of 2020) [2024] UGCC 23 (22 November 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 4 of 2020

Judge

Kiryabwire, JCC, Mulyagonja, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kihika, JA /JCC

The Constitutional Court dismissed a petition challenging Parliament’s Shs. 10 billion supplementary appropriation to the Parliamentary Commission for MPs, holding the case raised no issue requiring constitutional interpretation.

• Jurisdiction Of Constitutional Court
• Interpretation Of Constitution
• Supplementary Budget Appropriation
• Parliamentary Powers
• Public Funds Accountability
• Constitutional-interpretation

Kabenge v The Attorney General & 5 Others

Kabenge v The Attorney General & 5 Others (Constitutional Petition 53 of 2012) [2024] UGCC 18 (22 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 53 of 2012

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The Constitutional Court's jurisdiction is strictly limited to matters requiring interpretation of the Constitution. The Petitioner’s grievances, including alleged attacks on judicial officers, professional victimization, and failure by the Attorney General and Uganda Law Society to protect him, do not present questions that require constitutional interpretation. Instead, these matters pertain to enforcement of rights, which should be addressed by the High Court under Article 50 of the Constitution or through relevant statutory mechanisms such as the Advocates Act and Uganda Law Society Act.…

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• Constitutional Court Jurisdiction
• Interpretation Of Constitution
• Enforcement Of Fundamental Rights
• Professional Misconduct
• Judicial Independence

Tuhumwire and 5 Others v The Registered Trustees of Entebbe Club and 8 Others

Tuhumwire and 5 Others v The Registered Trustees of Entebbe Club and 8 Others (Constitutional Petition 16 of 2015) [2024] UGCC 8 (20 February 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 16 of 2015

Judge

Buteera, DCJ, Kiryabwire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The Constitutional Court's jurisdiction under Article 137 is strictly limited to questions of constitutional interpretation. The petitioners' grievances, while framed as constitutional violations, were fundamentally about enforcement of rights and administrative disputes within a private members' club. These matters do not require interpretation of the Constitution and are properly addressed by the High Court under Article 50 or through other statutory remedies. The existence of a parallel suit in the High Court on the same facts further demonstrates that the petitioners were forum shopping.…

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• Jurisdiction Of Constitutional Court
• Interpretation Of Constitution
• Enforcement Of Fundamental Rights
• Trustees Incorporation Act Compliance
• Private Club Governance

Muyanja & Another v Mungati & Another

Muyanja & Another v Mungati & Another (Constitutional Petition 24 of 2020) [2024] UGCC 5 (20 February 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 24 of 2020

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The Constitutional Court dismissed a petition seeking declarations about CADER’s status and immunity, holding the issues had already been settled in an earlier case.

• Judicial Review
• Jurisdiction Of Constitutional Court
• Res Judicata
• Interpretation Of Constitution
• Constitutional-law
• Constitutional-court

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…

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

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another

Kahombo Kakusya v Dr. Asiimwe Akiiki and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 29 (29 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

The High Court held that a Bunyoro Kingdom minister was not a traditional or cultural leader and did not need to resign before contesting as Woman MP for Masindi.

• Qualification For Parliament
• Traditional And Cultural Leaders
• Nomination Requirements
• Interpretation Of Constitution
• Remedies In Election Petitions
• Election-petitions

Kahombo Kakusya v Dr. Asiimwe and Another

Kahombo Kakusya v Dr. Asiimwe and Another (Election Petition No. 8 of 2021) [2021] UGHCEP 5 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 8 of 2021

Judge

Musa Ssekaana, J

The High Court held that a minister in Bunyoro Kitara Kingdom was not a traditional or cultural leader, so she was not disqualified from election as Woman MP for Masindi.

• Qualification For Parliament
• Traditional Leaders Disqualification
• Interpretation Of Constitution
• Nomination Requirements
• Remedies In Election Petitions
• Election-petitions

Lubega v Attorney General & Ors

Lubega v Attorney General & Ors (Constitutional Petition No. 37 of 2011) [2015] UGCC 13 (3 November 2015)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 37 of 2011

The court determined that the petition did not raise any question for constitutional interpretation as required under Article 137 of the Constitution. The President's letter was found to be an urging rather than a directive, order, or instruction, and thus did not constitute an act requiring constitutional interpretation. The court distinguished between the enforcement and interpretation of constitutional provisions, holding that the petitioner was seeking enforcement of rights related to property ownership, which falls outside the jurisdiction of the Constitutional Court. The preliminary obj…

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• Jurisdiction Of Constitutional Court
• Interpretation Of Constitution
• Property Rights
• Presidential Directives
• Committee Of Inquiry
• Preliminary Objections

Dhikusooka & 21 Others v The Attorney General

Dhikusooka & 21 Others v The Attorney General (Constitutional Petition 10 of 2009) [2009] UGCC 6 (17 July 2009)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 10 of 2009

Judge

Mpagi-Bahigeine, JCC, Engwau,JCC, Kitumba, JCC, Byamugisha, JCC, Nshimye, JCC

The court held that parliamentary approval is a constitutional requirement under Article 223(4) for the IGG and Deputy IGG to serve their respective second terms in office under Article 223(7). The relevant constitutional provisions must be read together to give effect to the intention of the Constitution. A re-appointment is considered a fresh appointment, and therefore, the same approval process applies. The acts of the President and other officers in seeking parliamentary approval were constitutional, and the refusal of the IGG to appear before the Appointments Committee was unconstitution…

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• Appointment Of Public Officers
• Parliamentary Approval
• Interpretation Of Constitution
• Executive Powers

Uganda Vs Kiiza Besigye

Uganda Vs Kiiza Besigye (Constitutional Reference No. 20 of 2005) [2006] UGCA 42 (25 September 2006)

Court

Court of Appeal of Uganda

Case number

Constitutional Reference No. 20 of 2005

The Constitutional Court held that bail discretion exists, but must be exercised reasonably and not as punishment. Refusal cannot rest on mere allegations.

• Bail Discretion
• Presumption Of Innocence
• Exceptional Circumstances
• Interpretation Of Constitution
• Treason Charges
• Rape Charges