Uganda Case Law

XYZ v Republic of Benin (Application No. 058/2019)

XYZ v Republic of Benin (Application No. 058/2019) [2025] AfCHPR 22 (26 June 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 058/2019

Judge

Aboud J, Adjei J, Anukam J, Ben Achour J, Bensaoula VP, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko P, Tchikaya J

The Court found that the applicant did not exhaust available local judicial remedies, specifically a constitutional challenge before the Constitutional Court of Benin, prior to filing the application. The applicant's arguments regarding persecution, lack of judicial independence, and the effect of a prior constitutional challenge by another citizen were dismissed for lack of evidence and legal merit. The Court reiterated that the requirement to exhaust local remedies is assessed at the time the application is lodged, and subsequent developments do not absolve the applicant of this obligation.…

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• Exhaustion Of Local Remedies
• Right To Effective Remedy
• Judicial Independence
• Admissibility Requirements
• Jurisdiction Of Regional Courts

Kiwanuka v Attorney General of the Republic of Uganda

Kiwanuka v Attorney General of the Republic of Uganda (Reference No.8 of 2020) [2025] EACJ 3 (7 March 2025) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.8 of 2020

Judge

Kasanda J, Masara PJ, Muhumuza J, Wejuli DPJ

The Court found that the presidential directives issued in March 2020 to combat COVID-19 were lawful under Uganda's Constitution and the Public Health Act, as they were subsequently formalized through statutory instruments and aligned with WHO recommendations. While the lack of prior notification to EAC Partner States constituted a procedural breach of the Common Market Protocol, the health emergency context justified immediate action. Enforcement by UPDF, UPF, and LDU was authorized under constitutional provisions for emergency cooperation and did not breach the Treaty, as the Applicant fail…

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• Executive Powers During Emergencies
• Public Health Restrictions
• Judicial Independence
• Appointment Of Public Officials
• Access To Justice
• Regional Treaty Compliance

Ayed v Tunisian Republic (Application No. 008/2019)

Ayed v Tunisian Republic (Application No. 008/2019) [2025] AfCHPR 10 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 008/2019

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant did not exhaust available local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. Tunisian law provides the applicant with avenues to initiate proceedings as an injured party if the Public Prosecutor fails to act, either by requesting an investigation or by direct summons before the court. The applicant neither completed criminal proceedings nor initiated civil proceedings before national courts, rendering the application premature. The Court held that the requirement to exhaust local remedies is a prerequisite for…

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• Exhaustion Of Local Remedies
• Right To Fair Trial
• Right To Non Discrimination
• Access To Public Services
• Judicial Independence

Kone and Another v Republic of Mali (Ruling) (Application No. 004/2024)

Kone and Another v Republic of Mali (Ruling) (Application No. 004/2024) [2024] AfCHPR 36 (20 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 004/2024

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Tchikaya J

The African Court dismissed a request for provisional measures by two Malian judicial officers, finding no proven urgency, extreme gravity, or irreparable harm.

• Judicial Independence
• Dismissal Of Judicial Officers
• Freedom Of Expression
• Trade Union Rights
• Due Process
• Provisional Measures

Zorgati v Republic of Tunisia (Application No. 016/2021)

Zorgati v Republic of Tunisia (Application No. 016/2021) [2024] AfCHPR 32 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2021

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the adoption of the 27 January 2014 Constitution by a Constituent National Assembly elected by universal suffrage constituted indirect participation of the people and did not violate the right to self-determination under Article 20 of the Charter. The absence of a referendum was not mandatory under the Charter or other human rights instruments. However, the Court held that the Respondent State violated Article 26 by interfering in the independence of the judiciary, specifically through the dissolution of the High Judicial Council and failure to establish the Constitutiona…

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• Self Determination
• Judicial Independence
• Separation Of Powers
• Constitutional Review
• Legislative Independence

Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008/2024)

Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008/2024) [2024] ACHPR 7 (3 October 2024)

Court

African Commission on Human and Peoples Rights

Case number

Application No. 008/2024

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court ordered Tunisia to suspend a decree-law and a presidential decree dismissing judicial officers, pending the main case on judicial independence.

• Judicial Independence
• Separation Of Powers
• Dismissal Of Judicial Officers
• Due Process Rights
• Fair Trial Guarantees
• Executive Interference

Slimane v Republic of Tunisia (Ruling) (Application No. 007/2024)

Slimane v Republic of Tunisia (Ruling) (Application No. 007/2024) [2024] ACHPR 5 (3 October 2024)

Court

African Commission on Human and Peoples Rights

Case number

Application No. 007/2024

Judge

Aboud P, Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the request to order the Respondent State to publish the requirements for presidential candidacy was rendered moot by the publication of the relevant decision in the Official Gazette prior to the opening of the candidacy period. The remaining requests—abolition of sponsorship and criminal record requirements, validation of rejected candidacies, and suspension of ISIE Bureau members—were dismissed as they required examination of the merits of the main Application, which is not permissible at the provisional measures stage. The Court reiterated that provisional measures are…

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• Electoral Process
• Judicial Independence
• Implementation Of Court Judgments
• Non Discrimination
• Fair Trial
• Political Participation

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

Attorney General v Uganda Law Society

Attorney General v Uganda Law Society (Miscellaneous Cause 8 of 2024) [2024] UGHCCD 65 (9 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 8 of 2024

Judge

Baguma, J

The court found that the Uganda Law Society acted outside its statutory mandate by convening an EGM to discuss the conduct of a judicial officer, a function exclusively reserved for the Judicial Service Commission under Article 147 of the Constitution. The decision to call the EGM was illegal, irrational, and procedurally improper, as the applicant, a council member, was not notified of the petition or the process leading to the meeting, violating principles of natural justice and procedural fairness. The court held that judicial review was the appropriate remedy, as no alternative administra…

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• Judicial Review
• Ultra Vires Actions
• Procedural Impropriety
• Irrationality
• Judicial Independence

Imaniraguha v Uganda Revenue Authority

Imaniraguha v Uganda Revenue Authority (Miscellaneous Application 2770 of 2023) [2023] UGCommC 220 (4 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2770 of 2023

Judge

Stephen Mubiru, J

The High Court set aside a Deputy Registrar’s recall of a garnishee order, holding the recall was made without jurisdiction and contrary to decisional independence.

• Review Of Court Orders
• Functus Officio
• Garnishee Orders
• Judicial Independence
• Attachment And Execution
• Review-of-orders