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Constitutional Law [2025] EACJ 3

Kiwanuka v Attorney General of the Republic of Uganda

Kiwanuka v Attorney General of the Republic of Uganda (Reference No.8 of 2020) [2025] EACJ 3 (7 March 2025) (First Instance Division)

Court
East African Court of Justice
Case number
Reference No.8 of 2020
Judge
Kasanda J, Masara PJ, Muhumuza J, Wejuli DPJ

The Court found that the presidential directives issued in March 2020 to combat COVID-19 were lawful under Uganda's Constitution and the Public Health Act, as they were subsequently formalized through statutory instruments and aligned with WHO recommendations. While the lack of prior notification to EAC Partner States constituted a procedural breach of the Common Market Protocol, the health emergency context justified immediate action. Enforcement by UPDF, UPF, and LDU was authorized under constitutional provisions for emergency cooperation and did not breach the Treaty, as the Applicant fail…

Source excerpt

  • Executive Powers During Emergencies
  • Public Health Restrictions
  • Judicial Independence
  • Appointment Of Public Officials
  • Access To Justice
  • Regional Treaty Compliance
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Constitutional Law [2021] UGHCCD 1

Kyagulanyi and Another v AG and Others (Misc Cause No. 16 of 2021)

Kyagulanyi and Another v AG and Others (Misc Cause No. 16 of 2021) [2021] UGHCCD 1 (23 January 2021)

Court
HC: Civil Division (Uganda)
Case number
Misc Cause No. 16 of 2021
Judge
Elubu, J

The court found that the applicants, particularly the 1st applicant, were subjected to unlawful restriction of their personal liberty by being confined to their home by security operatives without lawful justification or due process. The respondents' claim of providing protection did not negate the fact that the applicants' movements were restrained, amounting to deprivation of liberty. The court held that such indefinite restriction without production before a court or lawful order violated Article 23 of the Constitution and was not justified under the Police Act or public health regulations…

Source excerpt

  • Personal Liberty
  • Habeas Corpus
  • Unlawful Detention
  • Due Process
  • Public Health Restrictions
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Constitutional Law [2020] UGHCCD 230

Turyamusiima v Attorney General & Another

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…

Source excerpt

  • Right To Fair Hearing
  • Habeas Corpus
  • Non Derogable Rights
  • Covid 19 Regulations
  • Judicial Review
  • Public Health Restrictions
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.