Uganda Case Law

Serwadda v Attorney General & Another (Consitutional Petition 34 of 2016)

Serwadda v Attorney General & Another (Consitutional Petition 34 of 2016) [2025] UGCC 1 (10 January 2025)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 34 of 2016

Judge

Buteera, DCJ, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Kihika, JA /JCC, Asa Mugenyi , JA/JCC

The Constitutional Court.s jurisdiction under Article 137 is strictly limited to matters requiring interpretation of the Constitution. The petitioner.s claim sought enforcement of property rights and compensation for alleged violations, but did not present any substantial question of constitutional interpretation. Previous litigation in the High Court addressed the substantive issues, and the present petition was found to be a disguised appeal rather than a genuine constitutional question. The court held that unless resolution of the dispute depends on interpretation of the Constitution, it l…

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• Jurisdiction Of Constitutional Court
• Interpretation Vs Enforcement
• Property Rights Under Constitution
• Preliminary Objection
• Mandamus And Judicial Review

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

Twase v Attorney General (Consitutional Petition 45 of 2017)

Twase v Attorney General (Consitutional Petition 45 of 2017) [2024] UGCC 16 (7 May 2024)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 45 of 2017

Judge

Buteera, DCJ, Bamugemereire, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC

The Constitutional Court dismissed a petition challenging the State’s alleged failure to translate, teach, and publicize the Constitution, holding the claim did not require constitutional interpretation.

• Jurisdiction Of Constitutional Court
• Enforcement Of State Obligations
• Translation And Dissemination Of Constitution
• Teaching Of Constitution
• Public Awareness Of Constitution
• Constitutional-court-jurisdiction

Twase v Attorney General

Twase v Attorney General (Constitutional Petition 45 of 2017) [2024] UGCC 11 (7 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 45 of 2017

Judge

Buteera, DCJ, Bamugemereire, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC

The Constitutional Court's jurisdiction is strictly limited to matters requiring interpretation of the Constitution. The obligations under Article 4 regarding translation, dissemination, and teaching of the Constitution are clear and unambiguous, requiring no interpretation. The Petitioner seeks enforcement of these obligations, not their interpretation. Therefore, the proper forum for such enforcement is the High Court under Article 50(1), not the Constitutional Court. The petition does not invoke the jurisdiction of the Constitutional Court and must be dismissed.

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• Jurisdiction Of Constitutional Court
• Interpretation Vs Enforcement
• State Obligations Under Article 4
• Translation And Dissemination Of Constitution
• Teaching Of Constitution
• Remedies For Constitutional Breach

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

Mukisa v Attorney General (Consolidated Constitutional Petition 17 of 2018; Consolidated Constitutional Petition 25 of 2018)

Mukisa v Attorney General (Consolidated Constitutional Petition 17 of 2018; Consolidated Constitutional Petition 25 of 2018) [2023] UGCC 121 (24 May 2023)

Court

Constitutional Court of Uganda

Case number

Consolidated Constitutional Petition 17 of 2018 ; Consolidated Constitutional Petition 25 of 2018

Judge

Egonda-Ntende, JCC, Musoke, JCC, Madrama, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The Constitutional Court held that the petition was fundamentally defective for bundling over thirty unrelated and diverse constitutional questions into a single action, many of which had already been conclusively determined in prior decisions. The court reaffirmed that its jurisdiction under Article 137 is limited to matters that clearly require constitutional interpretation, and mere allegations of constitutional violations without prima facie evidence do not suffice. The petitioner failed to demonstrate any new or unresolved constitutional questions, and his approach amounted to a vexatiou…

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• Constitutional Interpretation
• Jurisdiction Of Constitutional Court
• Procedural Requirements For Petitions
• Res Judicata
• Court Vacations And Access To Justice
• Government Proceedings And Notice

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

Adrapi v Drito and Ors (Consitutional Petition No. 9 of 2013)

Adrapi v Drito and Ors (Consitutional Petition No. 9 of 2013) [2021] UGCC 29 (25 May 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 9 of 2013

Judge

Kasule, Ag JCC, Kakuru, JCC, Madrama, JCC, Obura, JCC, Musota, JCC

The Constitutional Court held that the petition did not disclose a cause of action for constitutional interpretation as required under Article 137(3) of the Constitution. The petitioner failed to allege any act, law, or omission inconsistent with or in contravention of a specific constitutional provision. The jurisdiction to determine questions of membership of Parliament, including disqualification and vacation of seat, is vested in the High Court under Article 86 and Section 86 of the Parliamentary Elections Act, not the Constitutional Court. The procedure for removal of a sitting Member of…

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• Jurisdiction Of Constitutional Court
• Parliamentary Membership Disqualification
• Academic Qualification For Mp
• Procedure For Vacating Seat
• Cause Of Action In Constitutional Petition

Dr. Kamba Baleke v Attorney General and Another

Dr. Kamba Baleke v Attorney General and Another (Constitutional Petition No. 2 of 2014) [2021] UGCC 5 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 2 of 2014

Judge

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

The Constitutional Court found that the petition did not raise any question for constitutional interpretation as required under Article 137 of the Constitution. The acts and omissions complained of by the petitioner, including the endorsement of the charge sheet, the conduct of concurrent trials, and the inclusion of alternative charges, were matters of enforcement and procedural regularity that fall within the jurisdiction of the High Court and not the Constitutional Court. The law permits alternative charges in indictments if they are founded on the same facts, and any errors or inconsisten…

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• Constitutional Interpretation
• Jurisdiction Of Constitutional Court
• Role Of Dpp
• Criminal Trial Procedure
• Double Jeopardy
• Enforcement Of Rights