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21 Feb 2023

Administrative Law [2023] UGHC 340

Akena & 3 Others v Uganda Communications Commission & 3 Others

Akena & 3 Others v Uganda Communications Commission & 3 Others (Miscellaneous Application 84 of 2019) [2023] UGHC 340 (21 February 2023)

Court: High Court of Uganda
Case number: Miscellaneous Application 84 of 2019
Judge: Ajiji, J

The court found that the questions raised by the applicants regarding the compliance of sections 29, 31, 41, and the 4th schedule of the Uganda Communications Act, 2013 with the East African Community Treaty could be fully addressed by the High Court itself. The court emphasized that Article 34 of the EAC Treaty gives national courts discretion to refer matters to the EACJ only if it is necessary to enable them to give judgment. In this case, the court determined that there was no necessity to refer the matter for a preliminary ruling, as the issues could be competently resolved within the na…

Source excerpt

Preliminary Reference
Treaty Interpretation
Media Regulation
Jurisdiction Of National Courts

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31 Jul 2015

Constitutional Law [2015] EACJ 111

Attorney General of the Republic of Uganda v Kyahurwenda

Attorney General of the Republic of Uganda v Kyahurwenda [2015] EACJ 111 (31 July 2015) (Appellate Division)

Court: East African Court of Justice
Judge: Nkurunziza VP, Ogoola JA, Ringera JA, Rutakangwa JA, Ugirashebuja P

The Court held that Article 34 of the EAC Treaty confers exclusive jurisdiction to the East African Court of Justice for interpretation of the Treaty and invalidation of Community Acts. National courts and tribunals are empowered to entertain matters involving Treaty violations and apply Treaty provisions, but must refer interpretative questions to the EACJ when necessary for judgment. Articles 6, 7, and 8 of the Treaty are justiciable before both the EACJ and national courts, conferring legal authority to entertain allegations of their violation and award remedies, including compensation, wh…