Uganda Case Law

HUB for Investigative Media & Another v Attorney General

HUB for Investigative Media & Another v Attorney General (Constitutional Petition 3 of 2020) [2024] UGCC 25 (12 December 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 3 of 2020

Judge

Egonda-Ntende, JA, Luswata, JA, Kihika ,JA, Kazibwe, JA, Asa Mugenyi , JA/JCC

The court held that the requirement to pay a fee for access to public officers' asset declarations under Sections 7(2) and 7(9) of the Leadership Code (Amendment) Act, 2017 does not amount to discrimination or an unconstitutional limitation on the right to access information, as the fee is universally applicable and not inordinately high. However, the court found that Section 11(4) (formerly Section 7(4)) of the Leadership Code Act, which grants the Inspectorate of Government broad discretion to restrict access to declarations, is inconsistent with Articles 41(1), 21(1), 29(1)(a), and 43(c) o…

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• Access To Information
• Leadership Code
• Public Officer Declarations
• Right To Privacy
• Freedom Of Expression

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

Mukiibi & 20 Others v Kiyimba & 3 Others

Mukiibi & 20 Others v Kiyimba & 3 Others (Miscellaneous Cause 179 of 2020) [2024] UGHCCD 200 (22 November 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 179 of 2020

Judge

Douglas Karekona Singiza, J

The court found that the 1st respondent (Hajji Abdul Kiyimba), acting as agent of the 3rd respondent (Kyengera Town Council), violated the 1st–20th applicants' rights to privacy and freedom from torture, cruel, inhuman, and degrading treatment. The evidence, including admissible medical notes and video footage, established that applicants were unlawfully invaded, publicly humiliated, and physically mistreated at their residence without legal justification. The right to privacy was breached by unauthorized entry and exposure, and the right to freedom from torture was violated by physical and e…

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• Human Rights Enforcement
• Freedom From Torture
• Right To Privacy
• Non Discrimination
• Damages For Rights Violation
• Admissibility Of Evidence

Kakwenza Rukirabashaija v Attorney General

Kakwenza Rukirabashaija v Attorney General (Miscellaneous Cause 35 of 2021) [2024] UGHCCD 161 (23 October 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 35 of 2021

Judge

Boniface Wamala, J

The court found that the applicant was unlawfully arrested and detained by agents of the respondent for seven days without being brought before a court, in violation of Article 23 of the Constitution. The applicant was subjected to torture, cruel, inhuman, and degrading treatment, including physical abuse, incommunicado detention, and denial of access to family and legal counsel, contrary to Articles 24 and 44(a) of the Constitution and the Prevention and Prohibition of Torture Act. The respondent's agents also unlawfully searched the applicant's home and seized property without a warrant, in…

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• Enforcement Of Fundamental Rights
• Torture And Inhuman Treatment
• Unlawful Detention
• Right To Privacy
• Damages For Rights Violations

Center for Health, Human Rights & Development (CEHURD) v Attorney General

Center for Health, Human Rights & Development (CEHURD) v Attorney General (Constitutional Petition 8 of 2019) [2024] UGCC 14 (13 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 8 of 2019

Judge

Egonda-Ntende, JCC, Bamugemereire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The court found that while the petition initially raised substantial constitutional questions regarding the validity of various provisions of the Venereal Diseases Act, Cap 284, the Act was repealed by Section 97 of the Public Health (Amendment) Act, 2023, during the pendency of the proceedings. As a result, the issues in controversy ceased to exist, rendering the petition moot. The court relied on established legal principles that a case is moot when there is no longer a live controversy or cognizable interest in the outcome, and that jurisdiction may abate if the law in question is repealed…

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• Constitutional Interpretation
• Right To Health
• Right To Privacy
• Non Discrimination
• Public Health Law
• Repeal Of Legislation

Yo-Uganda Limited & 2 Others v Uganda Revenue Authority

Yo-Uganda Limited & 2 Others v Uganda Revenue Authority (Civil Appeal 9 of 2023) [2023] UGHCCD 388 (15 August 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 9 of 2023

Judge

Musa Ssekaana, J

The court held that the appellants failed to demonstrate a sufficient basis for granting a temporary or mandatory injunction. The respondent acted within its statutory mandate under the Tax Procedure Code Act to seize and review records relevant to tax investigations. The appellants' claims of irreparable harm and breach of privacy were speculative and unsupported by specific evidence of unlawful conduct or actual violation. The court emphasized that public interest in tax collection and enforcement outweighs the private interests asserted by the appellants, and that granting the injunction w…

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• Temporary Injunctions
• Right To Privacy
• Tax Investigations
• Personal Data Protection
• Public Interest
• Judicial Discretion

Legal Brains Trust (LBT) Ltd v Attorney General

Legal Brains Trust (LBT) Ltd v Attorney General (Civil Miscellaneous Application 56 of 2023) [2023] UGCA 177 (26 June 2023)

Court

Court of Appeal of Uganda

Case number

Civil Miscellaneous Application 56 of 2023

Judges

Kihika, JA

The Court of Appeal dismissed an application for a temporary injunction pending appeal over ITMS implementation, finding no irreparable harm and that balance of convenience favored the respondent.

• Temporary Injunctions
• Digital Surveillance
• Right To Privacy
• Public Interest Litigation
• Temporary-injunctions
• Pending-appeal

Nalubega v Stabex International Limited

Nalubega v Stabex International Limited (Civil Suit 665 of 2021) [2023] UGCommC 292 (23 June 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 665 of 2021

Judge

Kahigi Asiimwe, J

The High Court held that using a former employee’s images for advertising without clear consent breached privacy and personality rights under Uganda’s Data Protection Act.

• Image Rights Infringement
• Right To Privacy
• Data Protection
• Employment Consent
• Damages For Distress
• Commercial Exploitation Of Personality

Collaboration of International ICT Policy for East & Southern Africa (CIPESA) & 2 Others v Initiative for Social & Economic Rights (ISER) Limited & 4 Others

Collaboration of International ICT Policy for East & Southern Africa (CIPESA) & 2 Others v Initiative for Social & Economic Rights (ISER) Limited & 4 Others (Miscellaneous Application 650 of 2022) [2023] UGHCCD 389 (24 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 650 of 2022

Judge

Boniface Wamala, J

The court found that the Applicants demonstrated neutrality and impartiality, as no vested interest or predisposition was established against them. Their prior involvement as expert witnesses in unrelated matters did not amount to bias. The Applicants' submissions were found to be legal concepts rather than new evidence or causes of action, and the court emphasized that amicus curiae must not introduce evidence but may highlight novel legal issues. The Applicants identified areas not traversed by the parties, such as data protection, digital inclusion, and surveillance, which the court deemed…

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• Amicus Curiae Admission
• Data Protection Rights
• Digital Identity Systems
• Right To Privacy
• Freedom Of Expression

Legal Brains Trust (LBT) Limited v Attorney General

Legal Brains Trust (LBT) Limited v Attorney General (Miscellaneous Application No. 532 of 2021) [2023] UGHCCD 13 (7 February 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 532 of 2021

Judge

Boniface Wamala, J

The Court found that although the planned Intelligent Transport Monitoring System (ITMS) had not yet been implemented, the Applicant failed to establish the necessity for preserving the status quo through a temporary injunction. The dispute centers on balancing fundamental rights and government obligations, and the Court determined that the main suit would not result in a total prohibition of the ITMS but rather directions to ensure rights are not unreasonably interfered with. The Applicant did not demonstrate a prima facie case with a probability of success, nor did it show irreparable injur…

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• Temporary Injunction
• Right To Privacy
• Public Procurement
• Judicial Discretion
• Balance Of Convenience