Uganda Case Law

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022)

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022) [2024] EACJ 11 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.25 of 2022

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyawello DPJ, Wejuli J

The East African Court of Justice affirmed that while it lacks jurisdiction to conduct an appellate merit review of decisions of the Supreme Court of Kenya, it retains jurisdiction to determine whether actions of the Supreme Court or other state organs contravene the Treaty for the Establishment of the East African Community, specifically Articles 6 and 7. The Court applied the doctrine of separability, holding that it can adjudicate only those aspects of the Application that allege Treaty violations, while excluding any request for merit review or stay of execution of the Supreme Court's jud…

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• Treaty Compliance
• Judicial Review
• Regional Court Jurisdiction
• Political Rights
• Rule Of Law
• Separation Of Powers

Soro and Others v Republic of Cote D'Ivoire

Soro and Others v Republic of Cote D'Ivoire [2020] AfCHPR 32 (15 September 2020)

Court

African Court on Human and Peoples Rights

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Tchikaya J

The Court found that the Applicant faced a real and imminent risk of irreparable harm to his political rights due to the Respondent State's failure to comply with its previous order and subsequent actions, including conviction and removal from the electoral register. The Court held that it retained prima facie jurisdiction over the matter despite the Respondent State's withdrawal of its declaration, as the withdrawal does not affect pending cases and only takes effect after one year. Given the urgency and gravity of the situation, with the presidential election imminent, the Court determined…

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• Right To Vote
• Right To Be Elected
• Electoral Disqualification
• Provisional Measures
• Judicial Compliance
• Political Rights

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 60 (5 May 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 003/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court granted provisional measures to protect an applicant’s ability to stand in Benin’s 2020 elections, while dismissing other requests.

• Political Rights
• Electoral Participation
• Independent Candidates
• Provisional Measures
• Constitutional Amendment
• Administrative Barriers

Guillaume Kigbafori Soro and Others v Republic of Cote D'Ivoire (Application No. 012/2020)

Guillaume Kigbafori Soro and Others v Republic of Cote D'Ivoire (Application No. 012/2020) [2020] AfCHPR 48 (22 April 2020)

Court

African Court on Human and Peoples Rights

Case number

Application No. 012/2020

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Tchikaya J

The Court found that the applicants, comprising prominent political figures, faced imminent and irreparable harm due to the execution of arrest and detention warrants, particularly with national elections approaching. The Court determined that the criteria for provisional measures—extreme gravity, urgency, and risk of irreparable harm—were satisfied. The applicants' social and professional status provided sufficient guarantees of appearance before national courts, and the presumption of innocence warranted suspension of detention orders during investigation. The Court concluded that maintaini…

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• Right To Fair Trial
• Presumption Of Innocence
• Political Rights
• Provisional Measures
• Arrest And Detention
• Judicial Review

Koutche v Republic of Benin (Application No. 020/2019)

Koutche v Republic of Benin (Application No. 020/2019) [2019] AfCHPR 99 (2 December 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 020/2019

Judge

Aboud J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Oré P, Tchikaya J

The Court found that most of the Applicant's requests for provisional measures were either moot, overtaken by events, or related to the merits of the case and thus not suitable for provisional relief. However, regarding the cancellation of the Applicant's passport, the Court determined that the evidence showed an ongoing procedure for cancellation, which, if concluded, could irreparably harm the Applicant by depriving him of his main identification and travel document necessary for his residence and livelihood abroad. The Court held that this situation presented sufficient urgency and risk of…

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• Freedom Of Movement
• Right To Liberty
• Passport Cancellation
• Extradition Proceedings
• Political Rights

Amnesty International v Zambia (Communication 212 of 1998)

Amnesty International v Zambia (Communication 212 of 1998) [1999] ACHPR 1 (5 May 1999)

Court

African Commission on Human and Peoples Rights

Case number

Communication 212 of 1998

The African Commission found Zambia violated the Charter by arbitrarily deporting William Banda and John Chinula, denying due process and related rights.

• Deportation
• Due Process
• Discrimination
• Freedom Of Movement
• Right To Family Life
• Political Rights

Courson v Equatorial Guinea (Communication 144 of 1995)

Courson v Equatorial Guinea (Communication 144 of 1995) [1997] ACHPR 3 (11 November 1997)

Court

African Commission on Human and Peoples Rights

Case number

Communication 144 of 1995

The African Commission found no established violation of the Charter in a communication alleging politically motivated arrest, detention, and trial in Equatorial Guinea.

• African Charter On Human And Peoples Rights
• Right To Fair Trial
• Right To Defence
• Exhaustion Of Local Remedies
• Political Rights
• African-charter-on-human-and-peoples-rights