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22 Nov 2024

Constitutional Law [2024] UGCC 24

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

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10 Dec 2021

Constitutional Law [2021] UGCC 41

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…