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Uganda Case Law

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Constitutional Law [2010] UGCC 9

Mwenda and Another v Attorney General

Mwenda and Another v Attorney General [2010] UGCC 9 (25 August 2010)

Court
Constitutional Court of Uganda
Judge
Byamugisha, JA, Kavuma, JA, Mukasa-Kikonyogo, DCJ, Nshimye, JA, Engwau, JA

Sections 39 and 40 of the Penal Code Act, which criminalize sedition, are inconsistent with Articles 29(1)(a) and 43(2)(c) of the Constitution because they impose vague, overly broad, and unjustifiable limitations on the right to freedom of expression. The respondent failed to prove that these limitations are acceptable and demonstrably justifiable in a free and democratic society. The provisions catch a wide range of speech, including legitimate criticism of government and leaders, and create uncertainty about the boundaries of lawful expression, thereby infringing constitutional rights. The…

Source excerpt

  • Freedom Of Expression
  • Sedition
  • Limitations On Rights
  • Sectarianism
  • Constitutional Review
  • Criminal Defamation
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Election Petitions [2021] UGHC 22

Akugizibwe v Muhumuza and 3 Others

Akugizibwe v Muhumuza and 3 Others (Election Petition 3 of 2021) [2021] UGHC 22 (11 October 2021)

Court
High Court of Uganda
Case number
Election Petition 3 of 2021
Judge
Katamba Nkwanga, J

The court found that the petitioner failed to adduce sufficient, cogent, and corroborated evidence to prove any substantial non-compliance with electoral laws, ballot stuffing, intimidation, partiality, bribery, or sectarianism. Minor discrepancies in Declaration Forms did not affect the results. The affidavits supporting the amended petition were deemed competent where properly referenced, but those by illiterate deponents without proper certification were struck out. The burden of proof remained on the petitioner, who did not demonstrate that any irregularities substantially affected the el…

Source excerpt

  • Parliamentary Elections
  • Electoral Offences
  • Burden Of Proof
  • Bribery
  • Sectarianism
  • Procedural Irregularities
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About this JurisAssist collection

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.