Uganda Case Law

Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania

Inclusive Development for Citizens and Another v Attorney General of the United Republic of Tanzania (Reference No.10 of 2020) [2024] EACJ 14 (29 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.10 of 2020

Judge

Gacuko J, Kasanda J, Leonard J, Masara PJ, Muhumuza J, Wejuli J

The Court held that its jurisdiction is strictly circumscribed by Article 30(2) of the Treaty, which requires that proceedings be instituted within two months of the impugned action or the date it came to the complainant's knowledge. The Applicants' claims, though framed as arising from the District Commissioner's 2020 statement, were inextricably linked to the 2002 Regulations and 2017 pronouncements, which established the policy of expelling pregnant girls from school. The Court found that the District Commissioner's statement was merely a manifestation of this pre-existing policy and did n…

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• Right To Education
• Non Discrimination
• Right To Privacy
• Jurisdiction Ratione Temporis
• Expulsion Of Pregnant Girls
• Treaty Interpretation

Kato v Makerere University

Kato v Makerere University (Miscellaneous Cause 184 of 2023) [2024] UGHCCD 165 (25 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 184 of 2023

Judge

Musa Ssekaana, J

The court held that the applicant's claim was improperly brought under the procedure for enforcement of fundamental rights, as the main grievance related to tort and internal university administration, not a direct violation of constitutional rights. The applicant failed to exhaust internal remedies as required by university regulations before seeking judicial intervention. The court emphasized that constitutional provisions for enforcement of rights are not to be used to bypass established procedures or to pursue claims that are ancillary to substantive tort claims. The evidence did not esta…

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• Enforcement Of Fundamental Rights
• Right To Education
• Right To Freedom From Torture
• Internal Remedies Exhaustion
• University Administration
• Discrimination

Fairland University v National Council For Higher Education (NCHE)

Fairland University v National Council For Higher Education (NCHE) (Constitutional Petition No. 6 of 2015) [2023] UGCC 95 (17 March 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 6 of 2015

Judge

Monica K. Mugenyi, JCC, Kiryabwire, JCC, Musoke, JCC, Obura, JCC, Buteera, DCJ

The Constitutional Court dismissed Fairland University’s petition challenging NCHE’s revocation of its provisional licence and closure directive, finding the process fair and lawful.

• Right To Education
• Fair Hearing
• Administrative Decision Review
• Conflict Of Interest
• Judicial Review
• Constitutional-petition

Mwambipile and Another v United Republic of Tanzania (Application No. 042/2020)

Mwambipile and Another v United Republic of Tanzania (Application No. 042/2020) [2022] AfCHPR 38 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 042/2020

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the application was inadmissible because the issues raised had already been settled by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in Communication No: 0012/Com/001/2019, which addressed the same law, practices, and alleged violations concerning the expulsion and exclusion of pregnant and parenting girls from Tanzanian schools. Applying the cumulative criteria from its jurisprudence—identity of parties (both cases being public interest litigation against the same state), identity of subject matter (challenging the same regulations and…

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• Right To Education
• Non Discrimination
• Admissibility Of Applications
• Public Interest Litigation
• Exhaustion Of Remedies
• Res Judicata

Sangare and Others v Republic of Mali (Application No. 007/2019)

Sangare and Others v Republic of Mali (Application No. 007/2019) [2022] AfCHPR 16 (23 June 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 007/2019

Judge

Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Tchikaya VP

The African Court found no violation in a Malian police promotion dispute, holding that prior authorisation and qualification criteria were reasonable and non-discriminatory.

• Public Service Access
• Promotion Criteria
• Non Discrimination
• Right To Education
• Judicial Review
• Civil Service Regulation

Mwambipile and Another v United Republic of Tanzania (Application No. 042/2020)

Mwambipile and Another v United Republic of Tanzania (Application No. 042/2020) [2021] AfCHPR 13 (29 November 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 042/2020

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The African Court held that the request for provisional measures in a challenge to Tanzania’s school exclusion policy for pregnant girls would be heard with the merits.

• Right To Education
• Non Discrimination
• Pregnant Students
• School Exclusion
• Provisional Measures
• Right-to-education

Chepkwony v A.G. of The Republic of Kenya (Application 17 of 2018)

Chepkwony v A.G. of The Republic of Kenya (Application 17 of 2018) [2019] EACJ 1 (29 March 2019) (First Instance Division)

Court

East African Court of Justice

Case number

Application 17 of 2018

Judge

Mugenyi JA

The Court found that the Reference raised serious triable issues regarding the legality of the evictions and the alleged violation of the right to education. However, the Applicant failed to demonstrate that the injury suffered by the affected students was irreparable and could not be compensated by damages, especially since the Respondent had taken measures to ensure continuity of education. The balance of convenience was found to favour the Respondent, as normalcy had returned to schooling in the affected areas and the Applicant did not controvert this evidence. The Court therefore declined…

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• Right To Education
• Interim Injunctions
• Evictions
• Children's Rights

Flavia Nalwanga & Another V Uganda National Examinations Board (MISC. APPLICATION NO. 54 OF 2018)

Flavia Nalwanga & Another V Uganda National Examinations Board (MISC. APPLICATION NO. 54 OF 2018) [2018] UGHCCD 144 (20 June 2018)

Court

HC: Civil Division (Uganda)

Case number

MISC. APPLICATION NO. 54 OF 2018

Judge

Mugambe, J

The High Court dismissed a judicial review challenge to the withholding of UCE results, finding the applicants had a hearing and the board acted within its mandate.

• Judicial Review
• Fair Hearing
• Examination Malpractice
• Administrative Decision
• Right To Education
• Judicial-review

Muramuzi Vs Uganda Allied Health Examination Board

Muramuzi Vs Uganda Allied Health Examination Board (MISCELLANEOUS APPLICATION NO. 0056 OF 2018) [2018] UGHCCD 124 (2 May 2018)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 0056 OF 2018

Judge

Musene, J

The High Court ordered the examination board to give the applicant access to his handwritten papers so he could verify his results, relying on the constitutional right to education.

• Right To Education
• Access To Information
• Examination Review
• Judicial Review
• Right-to-education
• Access-to-examination-scripts

Nebya Rutaro & Ors v Law Development Center

Nebya Rutaro & Ors v Law Development Center (Civil Application 135 of 2009) [2013] UGHCCD 56 (5 April 2013)

Court

HC: Civil Division (Uganda)

Case number

Civil Application 135 of 2009

The High Court held that LDC’s internal Bar Course rules were valid, the applicants had failed the course, and judicial review relief was refused.

• Judicial Review
• Certiorari
• Mandamus
• Ultra Vires
• Right To Education
• Internal Rules Of Educational Institutions