Uganda Case Law

Initiative for Social Economic Rights v Attorney General

Initiative for Social Economic Rights v Attorney General (Constitutional Petition 7 of 2019) [2024] UGCC 13 (13 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 7 of 2019

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Kihika, JA /JCC

The court held that the acts of the Ministries of Health and Finance, Planning and Economic Development in entering into the project agreements and the subsequent issuance of promissory notes for the International Specialised Hospital of Uganda did not contravene Article 159 (2), (5), and (6) of the Constitution. The agreements were executed pursuant to existing policy frameworks and statutory provisions, and the necessary parliamentary approval was obtained before the promissory notes were enforced. The court found that the requirement for public participation under Article 38 was satisfied…

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• Government Borrowing
• Public Private Partnerships
• Parliamentary Approval
• Public Participation
• Constitutional Interpretation

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania

Legal and Human Rights Centre and Another v Attorney General of the United Republic of Tanzania (Reference No.19 of 2019) [2024] EACJ 5 (27 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.19 of 2019

Judge

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

The Court applied the three-tier test to the Written Laws (Miscellaneous Amendments) (No. 3) Act, 2019. First, it found that the limitations imposed by the Act are prescribed by law, with clear and accessible provisions and defined terms. Second, the Court determined that the objectives of the Act—addressing regulatory challenges, clarifying mandates, enhancing accountability, and aligning with international obligations—are pressing and substantial. Third, the Court held that the measures adopted are proportionate to the objectives, with adequate safeguards and redress mechanisms for aggrieve…

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• Treaty Compliance
• Public Participation
• Judicial Review
• Statutory Interpretation
• Good Governance
• Regulation Of Ngos

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022)

Cholong v Attorney General of the Republic of South Sudan (Application No.20 of 2022) [2024] EACJ 3 (26 March 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.20 of 2022

Judge

Kasanda J, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court determined that the relevant date for the computation of the two-month limitation period under Article 30(2) of the EAC Treaty was the signing of the Memorandum of Understanding between the Republic of South Sudan and the Arab Republic of Egypt in July 2021, which constituted the decisive action complained of. The subsequent arrival of dredging equipment was merely a component of the implementation of that agreement and did not constitute a separate actionable event for limitation purposes. The Reference, having been filed on 10th June 2022, was therefore out of time. The Court reaf…

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• Jurisdiction Ratione Temporis
• Treaty Interpretation
• Environmental Impact Assessment
• Public Participation
• International Cooperation

Wakiso Miraa Growers and Dealers Association Limited v Attorney General

Wakiso Miraa Growers and Dealers Association Limited v Attorney General (Constitutional Petition No. 1 of 2017) [2023] UGCC 100 (6 May 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 1 of 2017

Judge

Monica K. Mugenyi, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Musota, JCC, Buteera, DCJ

The court found that the applicant's petition raised substantial constitutional questions regarding the legislative process, specifically the requirement for quorum during the passage of the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015. Upon reviewing the Hansard and affidavits, the court determined that there was no evidence that the Speaker ascertained the existence of quorum at the critical voting stages, nor was there evidence of the actual number of members present. The court held that the expressions 'Question put and agreed to' and 'Report adopted' in the Hansard did…

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• Parliamentary Quorum
• Legislative Process
• Constitutional Supremacy
• Public Participation
• Statutory Nullification

Center for Public Interest Law Limited v Attorney General

Center for Public Interest Law Limited v Attorney General (Constitutional Petition No. 29 of 2019) [2023] UGCC 6 (20 February 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 29 of 2019

Judge

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

The court held that Section 25(1) of the Uganda Wildlife Act, 2019 is not unconstitutional as it mandates the Minister to consult the relevant local government council, which acts as an agent of the people, thereby ensuring public participation as required by the Constitution. The court found that the factual basis of the petition—that the East Madi Wildlife Reserve was established on land belonging to the Apaa community in Amuru District—was not supported by evidence. A government survey established that the reserve is wholly within Adjumani District, not Amuru, and thus the Apaa community w…

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• Public Participation
• Customary Land Rights
• Compulsory Acquisition
• Wildlife Conservation
• Local Government Consultation

East Africa Law Society v Attorney General of the United Republic of Tanzania and Another (Appeal No.2 of 2021)

East Africa Law Society v Attorney General of the United Republic of Tanzania and Another (Appeal No.2 of 2021) [2022] EACJ 30 (31 August 2022) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal No.2 of 2021

Judge

Kayobera P, M'lnoti JA, Mugeni JA

The Appellate Division upheld the nomination of Judge Sauda Mjasiri to the EACJ, found no Treaty breach, but replaced costs with each party bearing its own.

• Judicial Appointments
• Treaty Interpretation
• Public Participation
• Good Governance
• Judicial Independence
• Judicial-appointments

Bukenya Church Ambrose v Attorney General

Bukenya Church Ambrose v Attorney General (Miscellaneous Cause No. 13 of 2010) [2021] UGHCCD 71 (7 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 13 of 2010

Judge

Musa Ssekaana, J

The court held that the right to freedom of speech, expression, and media under Article 29(1)(a) of the Constitution is not absolute and may be lawfully limited by legislation that is reasonable, justifiable, and pursues a legitimate aim. The Electronic Media Act prescribes a licensing regime for broadcasters to ensure orderly and accountable use of the public spectrum, which is a scarce resource. The applicant and associated radio stations failed to obtain the necessary outside broadcasting licences and did not comply with minimum broadcasting standards, despite repeated warnings and opportu…

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• Freedom Of Expression
• Broadcasting Licensing
• Constitutional Limitations
• Media Regulation
• Public Participation
• Minimum Broadcasting Standards

Water and Environment Net work (U) Limited and 2 Others v National Environmental Management Authority and Anor (Consolidated Miscellaneous Cause No. 239 of 2020)

Water and Environment Net work (U) Limited and 2 Others v National Environmental Management Authority and Anor (Consolidated Miscellaneous Cause No. 239 of 2020) [2021] UGHCCD 30 (7 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Consolidated Miscellaneous Cause No. 239 of 2020

Judge

Musa Ssekaana, J

The High Court dismissed consolidated judicial review applications challenging NEMA’s ESIA approval for the Kyangwali Mixed Land Use Project.

• Judicial Review
• Environmental Impact Assessment
• Public Participation
• Locus Standi
• Procedural Fairness
• Judicial-review

East Africa Law Society v Attorney General of United Republic of Tanzania and Another

East Africa Law Society v Attorney General of United Republic of Tanzania and Another (Reference No.1 of 2019) [2020] EACJ 16 (25 November 2020) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.1 of 2019

Judge

Mugenyi PJ, Ngiye J, Nyachae J

The Court held that Article 24 of the Treaty provides two distinct and alternative routes for appointment to the East African Court of Justice: either the nominee fulfills the conditions required in their own country for holding high judicial office, or is a jurist of recognized competence. Justice Mjasiri, though retired from the Tanzanian judiciary, was acknowledged as a jurist of recognized competence and thus qualified under Article 24. The Treaty does not prescribe a uniform or public nomination process, leaving such procedures to the discretion of Partner States as a matter of sovereign…

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• Treaty Interpretation
• Judicial Appointments
• Sovereignty Of Partner States
• Public Participation
• Transparency And Accountability

Center for Public Interest Law Limited v Attorney General

Center for Public Interest Law Limited v Attorney General (MISCELLANEOUS CAUSE NO. 91 OF 2020) [2020] UGHCCD 202 (25 September 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 91 OF 2020

Judge

Musa Ssekaana, J

The court held that the Minister of Energy and Mineral Development acted ultra vires the Electricity Act, 1999 and existing laws by enacting the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, S.I. No. 62 of 2020 without meaningful public and private sector participation, consultation with key stakeholders, or Cabinet approval. The court found that the process was tainted by illegality, procedural impropriety, and irrationality, particularly in the exclusion of the Permanent Secretaries for Finance and Local Government and other stakeholders from the B…

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• Judicial Review
• Delegated Legislation
• Public Participation
• Legitimate Expectation
• Procedural Impropriety
• Ultra Vires