The Constitutional Court held that a missing trial record causing over 12 years of appellate delay violated the petitioner’s fair hearing rights, but not equality rights.
Kitutu Mary Goretti Kimono v Attorney General (Criminal Miscellaneous Application 76 of 2023) [2024] UGHCACD 1 (7 February 2024)
Court
HC: Anti corruption Division (Uganda)
Case number
Criminal Miscellaneous Application 76 of 2023
Judge
Okuo-Kajuga, J
The court found that the Human Rights (Enforcement) Act 2019, read as a whole, mandates that any allegations of violation of non-derogable rights, particularly the right to a fair trial, must be resolved before criminal proceedings can continue. The Act provides for an automatic right of appeal and sets strict timelines for the resolution of such appeals to prevent undue delay. The court determined that the applicant's appeal raises arguable points of law regarding the alleged violation of non-derogable rights and that proceeding with the criminal trial before the appeal is resolved could ren…
Siraji Eitu v Captain Taban Ali (Complaint UHRC 118 of 2003) [2022] UGHRC 3 (21 February 2022)
Court
Uganda Human Rights Commission
Case number
Complaint UHRC 118 of 2003
Judge
Shifrah Lukwago - Commissioner
The Tribunal found that Captain Taban Ali unlawfully assaulted Siraji Eitu and violated his right to freedom from torture or cruel, inhuman, or degrading treatment.
The Constitutional Court held that the petition did not raise any question requiring constitutional interpretation under Article 137 of the Constitution. The applicant's grievances regarding the conduct of the NRM Electoral Commission and Regulation 20(21) of the NRM Primary Election Regulations were fact-sensitive and related to alleged violations of the right to a fair hearing. Such matters are properly addressed by a competent court under Article 50, not by the Constitutional Court through constitutional interpretation. The Court found that Regulation 20(21) was not per se unconstitutional…
The Constitutional Court struck out a petition challenging NRM primary-election dispute rules, holding it raised no question requiring constitutional interpretation.
Wanyoto and Another v Sgt Oumo and Another (Miscellaneous Application No. 26 of 2020) [2021] UGHCACD 14 (10 February 2021)
Court
HC: Anti corruption Division (Uganda)
Case number
Miscellaneous Application No. 26 of 2020
Judge
Gidudu, J
The High Court found no sufficient proof that the second applicant was tortured, and refused to nullify the trial under the Human Rights (Enforcement) Act.
Turyamusiima v Attorney General & Another (Miscellaneous Application 64 of 2020) [2020] UGHCCD 230 (5 May 2020)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 64 of 2020
Judge
Elubu, J
The court held that the Minister of Health, in enacting S.I. No. 55 of 2020, acted within her official mandate and there was no evidence of malice or personal participation in rights violations to justify personal liability under the Human Rights (Enforcement) Act, 2019. Civil proceedings against government must be brought against the Attorney General. The court further found that the exclusion of advocates from essential services was partially addressed by subsequent presidential guidelines allowing a quota of advocates to provide urgent legal services, rendering the main prayers moot. Howev…
The Constitutional Court held that the refusal by the prosecution and the trial court to provide the Petitioner with access to the Tally Accounting System data and documents necessary for his defence constituted a violation of his fundamental and non-derogable right to a fair hearing as guaranteed under Articles 28(1) and 44(c) of the Constitution. This denial undermined the fairness of the criminal proceedings and rendered the trial a nullity. Consequently, the proceedings in the High Court Anti-Corruption Division were quashed, and a trial de novo was ordered before a different judge. The b…