Uganda Case Law

Tendo & Another v Attorney General

Tendo & Another v Attorney General (Constitutional Petition 8 of 2021) [2024] UGCC 24 (22 November 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 8 of 2021

Judge

Mulyagonja, JCC, Kihika, JA /JCC, Tibulya, JA/JCC, Kazibwe, JCC, Asa Mugenyi , JA/JCC

Sections 24, 26, and 27 of the Criminal Procedure Code Act do not contravene or are inconsistent with Articles 23(1) and (4), 28(1), and 44(c) of the Constitution, nor with Article 8A and Objective XXVIII of the National Objectives and Directive Principles of State Policy, Article 9(1) of the ICCPR, or Article 6 of the African Charter on Human and Peoples' Rights. The provisions are not wide or ambiguous, as they are limited by the definition of cognisable offences and are subject to procedural safeguards, including the requirement to bring detainees before a magistrate without unnecessary de…

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• Preventive Arrest
• Personal Liberty
• Police Powers
• Fair Trial Rights
• International Human Rights
• Statutory Interpretation

Mabirizi v Inspector General of Police & Another

Mabirizi v Inspector General of Police & Another (Miscellaneous Cause 29 of 2023) [2024] UGHC 384 (31 May 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 29 of 2023

Judge

Lubega, J

The High Court dismissed Mabirizi’s judicial review application for lack of locus standi, holding he did not show direct or sufficient interest in the police directives.

• Judicial Review
• Locus Standi
• Public Interest Litigation
• Police Powers
• Freedom Of Assembly
• Judicial-review

Mabirizi Kiwanuka v Inspector General of Police and Another (Misc Cause 29 of 2023)

Mabirizi Kiwanuka v Inspector General of Police and Another (Misc Cause 29 of 2023) [2024] UGHC 417 (31 May 2024)

Court

High Court of Uganda

Case number

Misc Cause 29 of 2023

Judge

Lubega, J

The High Court dismissed this judicial review application for lack of locus standi, holding that the applicant lacked sufficient interest under Rule 3A.

• Judicial Review
• Locus Standi
• Police Powers
• Freedom Of Assembly
• Public Interest Litigation
• Judicial-review

Kiiza Besigye v Attorney General

Kiiza Besigye v Attorney General (Constitutional Petition No. 52 of 2011) [2021] UGCC 41 (10 December 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 52 of 2011

Judge

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

The majority of the Constitutional Court held that the petition did not disclose a question for constitutional interpretation as required under article 137(3) of the Constitution. The issues raised, particularly regarding the constitutionality of preventive arrest and the acts of police and security operatives, had already been settled by prior decisions of the court, notably Foundation for Human Rights Initiative v Attorney General. The majority reasoned that the petition essentially sought enforcement of fundamental rights, which falls within the jurisdiction of the High Court under article…

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• Preventive Arrest
• Fundamental Rights
• Constitutional Interpretation
• Police Powers
• Unlawful Detention

Nabaasa Victory v Ochom and Anor

Nabaasa Victory v Ochom and Anor (Miscellaneous Cause No. 419 of 2017) [2021] UGHCCD 61 (30 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 419 of 2017

Judge

Musa Ssekaana, J

The court found that the applicant's right to property was not violated by the respondents. The police, acting on the advice of the Director of Public Prosecutions and in response to rival claims of ownership, intervened to prevent potential criminality and maintain law and order. Their actions were within their constitutional mandate under Article 212 and did not amount to an infringement of the applicant's rights under Article 26. The applicant's claim to exclusive possession was in dispute, and police intervention in such circumstances is justified to investigate and manage competing claim…

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• Right To Property
• Police Powers
• Quiet Possession
• Constitutional Enforcement

Tumukunde v Attorney General & Another

Tumukunde v Attorney General & Another (MISCELLANEOUS APPLICATION NO. 489 OF 2020) [2020] UGHCCD 191 (14 September 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 489 OF 2020

Judge

Musa Ssekaana, J

The High Court dismissed an application for a temporary injunction restraining police action, finding no prima facie case and emphasizing public interest in investigations.

• Temporary Injunctions
• Public Interest
• Constitutional Rights
• Police Powers
• Temporary-injunctions
• Police-powers

Kifampa & Another v Attorney General

Kifampa & Another v Attorney General (MISCELLANEOUS CAUSE NO. 154 OF 2017) [2020] UGHCCD 129 (1 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 154 OF 2017

Judge

Musa Ssekaana, J

The court found that the respondent's agents conducted a search at Nakasero Mosque without a search warrant or warrant card and failed to comply with mandatory procedural safeguards under the Police Act. The absence of written records and failure to notify the nearest magistrate rendered the search illegal and unlawful. The conduct of the security operatives during the search violated the applicants' rights to privacy, religious freedom, and protection of property under Articles 27, 29, and 37 of the Constitution. However, the applicants did not substantiate claims of torture or inhuman treat…

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• Search And Seizure
• Freedom Of Religion
• Right To Privacy
• Compensation For Rights Violation
• Police Powers
• Property Rights

Bukyanagandi & 3 Others v Attorney General

Bukyanagandi & 3 Others v Attorney General (Civil Suit No. 14 of 2011) [2020] UGHC 35 (20 March 2020)

Court

High Court of Uganda

Case number

Civil Suit No. 14 of 2011

Judge

Gadenya, J

The High Court held that police lawfully seized a vehicle for investigation, but unlawfully kept and transferred it after learning the plaintiffs had bought it at court auction.

• Conversion Of Property
• Vicarious Liability
• Execution Of Judgments
• Auction Sales
• Police Powers
• Damages

Olara Otunnu v Attorney General

Olara Otunnu v Attorney General (Constitutional Petition No. 12 of 2010) [2019] UGCC 3 (18 April 2019)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 12 of 2010

The Court held that Section 27A(1) and (2) of the Police Act (as amended), which empower police officers to summon individuals for questioning and require production of documents for investigative purposes, constitute a justifiable limitation on personal liberty in a free and democratic society and are not inconsistent with Articles 23(1), 28(1) and (11), 29(1)(a)(b)(d)(e), 29(2)(a)(b), and 38 of the Constitution. However, Section 27A(3) and (4), which impose penalties for non-compliance and create ambiguity regarding self-incrimination, are disproportionate, arbitrary, and vague, lacking ade…

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• Police Powers
• Personal Liberty
• Fair Hearing
• Freedom Of Expression
• Proportionality Test
• Criminal Procedure

Bashasha v Attorney General & Ors

Bashasha v Attorney General & Ors (MISCELLANEOUS CAUSE NO 223 OF 2016) [2017] UGHCCD 187 (20 February 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO 223 OF 2016

Judge

Musota, J

The High Court held that police investigations into payments made under court orders unlawfully interfered with judicial functions and granted judicial review remedies.

• Judicial Review
• Ultra Vires Actions
• Independence Of Judiciary
• Police Powers
• Execution Of Court Orders
• Judicial-review