Uganda Case Law

Kamesa v Museveni Kaguta and Another

Kamesa v Museveni Kaguta and Another (Constitutional Petition No. 10 of 2019) [2023] UGCC 3 (16 January 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 10 of 2019

Judge

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

The Constitutional Court held that the petition did not raise any new question for constitutional interpretation, as the scope and application of presidential immunity under Article 98(4) had already been conclusively determined by the Supreme Court and Constitutional Court. The Court reaffirmed that a sitting President is immune from legal proceedings in any court, except as specifically provided (such as election petitions). The petitioner's allegations regarding violation of rights to property and fair hearing were matters of enforcement, not interpretation, and thus fell outside the Const…

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• Presidential Immunity
• Constitutional Interpretation
• Copyright Infringement
• Right To Fair Hearing

H.E Museveni Kaguta v Editor in chief daily monitor newspaper and Another

H.E Museveni Kaguta v Editor in chief daily monitor newspaper and Another (Civil Suit No. 94 of 2021) [2022] UGHCCD 248 (30 November 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 94 of 2021

Judge

Musa Ssekaana, J

The court held that the mere filing of a constitutional petition by a party does not automatically stay proceedings in the High Court. The authority cited by the defendants was distinguishable, as it applied to constitutional references made by the trial court, not to independent petitions filed by parties. The court retains discretion to stay or proceed with the matter, and such discretion must be exercised judicially and in the public interest. Granting an automatic stay would risk abuse by litigants seeking to delay proceedings. Therefore, the application for stay was denied, and the suit…

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• Stay Of Proceedings
• Constitutional Petition
• Judicial Discretion
• Presidential Immunity

Bigirwa & Anor v Kaguta Museveni (Misc. Cause No. 0063 of 2016)

Bigirwa & Anor v Kaguta Museveni (Misc. Cause No. 0063 of 2016) [2016] UGHCCD 18 (9 May 2016)

Court

HC: Civil Division (Uganda)

Case number

Misc. Cause No. 0063 of 2016

Judge

Musota, J

The High Court dismissed an application seeking to stop the President’s swearing-in and to compel medical examination, holding it was procedurally incompetent and barred by presidential immunity.

• Interim Injunctions
• Presidential Immunity
• Abuse Of Process
• Jurisdiction
• Election Petitions
• Interim-injunctions