Uganda Case Law

Kakaire and Another v Uganda National Examination Board and Another

Kakaire and Another v Uganda National Examination Board and Another (Constitutional Petition No. 58 of 2013) [2021] UGCC 14 (11 May 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 58 of 2013

Judge

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

The Constitutional Court held that the Uganda National Examinations Board's practice of scheduling national examinations on Muslim religious holidays (Idd Adhua and Idd el-Fitr) infringed the constitutional right to freedom of religion of Muslim students, specifically their right to manifest their religion through observance of these holidays. The Court found that this practice was not justified under Article 43 of the Constitution, as no evidence was provided that such limitation was necessary to protect the rights of others or the public interest, nor was it demonstrably justifiable in a fr…

Source excerpt

• Freedom Of Religion
• Public Holidays
• Reasonable Accommodation
• Equality Rights