Uganda Case Law

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022)

Mbuvi v Attorney General of Republic of Kenya (Application No.25 of 2022) [2024] EACJ 11 (28 November 2024) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.25 of 2022

Judge

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

The East African Court of Justice affirmed that while it lacks jurisdiction to conduct an appellate merit review of decisions of the Supreme Court of Kenya, it retains jurisdiction to determine whether actions of the Supreme Court or other state organs contravene the Treaty for the Establishment of the East African Community, specifically Articles 6 and 7. The Court applied the doctrine of separability, holding that it can adjudicate only those aspects of the Application that allege Treaty violations, while excluding any request for merit review or stay of execution of the Supreme Court's jud…

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• Treaty Compliance
• Judicial Review
• Regional Court Jurisdiction
• Political Rights
• Rule Of Law
• Separation Of Powers

Zorgati v Republic of Tunisia (Application No. 016/2021)

Zorgati v Republic of Tunisia (Application No. 016/2021) [2024] AfCHPR 32 (13 November 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 016/2021

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the adoption of the 27 January 2014 Constitution by a Constituent National Assembly elected by universal suffrage constituted indirect participation of the people and did not violate the right to self-determination under Article 20 of the Charter. The absence of a referendum was not mandatory under the Charter or other human rights instruments. However, the Court held that the Respondent State violated Article 26 by interfering in the independence of the judiciary, specifically through the dissolution of the High Judicial Council and failure to establish the Constitutiona…

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• Self Determination
• Judicial Independence
• Separation Of Powers
• Constitutional Review
• Legislative Independence

Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008/2024)

Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008/2024) [2024] ACHPR 7 (3 October 2024)

Court

African Commission on Human and Peoples Rights

Case number

Application No. 008/2024

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The African Court ordered Tunisia to suspend a decree-law and a presidential decree dismissing judicial officers, pending the main case on judicial independence.

• Judicial Independence
• Separation Of Powers
• Dismissal Of Judicial Officers
• Due Process Rights
• Fair Trial Guarantees
• Executive Interference

Diarra v Republic of Mali (Application No. 047/2020)

Diarra v Republic of Mali (Application No. 047/2020) [2022] AfCHPR 37 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 047/2020

Judge

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

The African Court held that Adama Diarra’s application against Mali was premature and inadmissible because he had not exhausted local remedies.

• Right To Liberty
• Fair Trial Rights
• Separation Of Powers
• Judicial Independence
• Exhaustion Of Local Remedies
• Exhaustion-of-local-remedies

Belghuith v Tunisian Republic (Aplication No. 002/2022)

Belghuith v Tunisian Republic (Aplication No. 002/2022) [2022] AfCHPR 67 (23 June 2022)

Court

African Court on Human and Peoples Rights

Case number

Aplication No. 002/2022

Judge

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

The African Court deferred a request for provisional measures because the relief sought was the same as the main application and would risk prejudging the merits.

• Judicial Independence
• Separation Of Powers
• Right To Participate In Government
• Rule Of Law
• Provisional Measures
• Self Determination

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020)

Kyomuhendo v Attorney General of the Republic of Uganda and Others (Application No.11 of 2020) [2022] EACJ 2 (5 April 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.11 of 2020

Judge

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

The Court affirmed its jurisdiction to interpret and apply the Treaty in respect of actions by Partner States and Community institutions, but found that the Democratic Republic of Congo, not being a member of the East African Community at the time, was not bound by the Treaty and could not be properly sued. The Applicant established a serious triable issue regarding interpretation of Treaty provisions, but failed to demonstrate irreparable injury to himself or to the detainees, who were not parties to the case. The Court held that the orders sought would not provide effective relief and that…

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• Jurisdiction Of Regional Court
• Interim Injunctions
• Admission Of Member States
• Human Rights Compliance
• Separation Of Powers

Belgheith v Republic Tunisia (Application No. 017/2021)

Belgheith v Republic Tunisia (Application No. 017/2021) [2022] AfCHPR 3 (24 March 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 017/2021

Judge

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

The African Court joined provisional measures with the merits in a challenge to Tunisia’s exceptional decrees, finding the requested interim relief overlapped with the substantive case.

• Constitutional Suspension
• Separation Of Powers
• Right To Self Determination
• Participation In Government
• Provisional Measures
• Democratic Governance

Cissy Kawuma Mudhasi v Attorney GeneraI

Cissy Kawuma Mudhasi v Attorney GeneraI (Civil Miscellaneous Application No. 470 of 2021) [2021] UGHC 44 (28 July 2021)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application No. 470 of 2021

Judge

Musa Ssekaana, J

The High Court granted an injunction stopping criminal investigations into a judicial officer’s work, finding a prima facie case, irreparable harm, and that the balance of convenience favoured relief.

• Judicial Immunity
• Temporary Injunctions
• Disciplinary Proceedings
• Separation Of Powers
• Judicial-immunity
• Temporary-injunctions

Ayena Odongo v Attorney General

Ayena Odongo v Attorney General (Constitutional Petition No. 38 of 2017) [2021] UGCC 30 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 38 of 2017

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court held that Section 14 of the Parliamentary Elections (Amendment) Act, 2010, which makes the Court of Appeal the final appellate court in parliamentary election petitions, is not inconsistent with Article 132(1) of the Constitution. The Supreme Court precedent in Baku Raphael Obudra and Obiga Kania v Attorney General is binding and establishes that appellate jurisdiction to the Supreme Court in election petitions must be prescribed by law, and Parliament has validly limited such appeals. The statutory six-month time limit for determination of election petition appeals b…

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• Jurisdiction Of Supreme Court
• Parliamentary Election Petitions
• Statutory Time Limits
• Fair Hearing Rights
• Separation Of Powers

Bob Kasango v Attorney General and Anor

Bob Kasango v Attorney General and Anor (Constitutional Petition No. 16 of 2016) [2021] UGCC 2 (18 March 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 16 of 2016

Judge

Musota, JCC, Kiryabwire, JCC, Kakuru, JCC, Kibeedi Mutangula, JCC, Barishaki, JA

The Constitutional Court held that appointing a sitting High Court judge as DPP was unconstitutional, but upheld the validity of that DPP’s past acts.

• Separation Of Powers
• Judicial Independence
• Dual Office Holding
• Appointment Of Judges
• Validity Of Executive Actions
• Separation-of-powers