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

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

Media Council of Tanzania and Others v Attorney General of the United Republic of Tanzania (Application 5 of 2019)

Media Council of Tanzania and Others v Attorney General of the United Republic of Tanzania (Application 5 of 2019) [2020] EACJ 40 (9 June 2020) (Appellate Division)

Court

East African Court of Justice

Case number

Application 5 of 2019

Judge

Kiryabwire JA, Mjasiri JA, Ugirashebuja P

The Appellate Division struck out the Notice of Appeal because the respondent failed to institute the appeal within 30 days as required by the EACJ Rules.

• Notice Of Appeal Striking Out
• Failure To Institute Appeal
• Media Services Act Challenge
• Treaty Compliance
• Extension Of Time Procedure
• Notice-of-appeal

Dabule and Others v Attorney General of Uganda

Dabule and Others v Attorney General of Uganda [2018] EACJ 125 (28 November 2018) (First Instance Division)

Court

East African Court of Justice

Judge

Jundu JA, Mugenyi PJ, Ngiye JA, Ntezilyayo DPJ, Nyawello JA

The Court found that the Applicants' Reference was premised on a false assertion that national courts had clarified the legal position on the unfrozen accounts. Neither the Constitutional Court nor the Supreme Court of Uganda made a determination entitling the Applicants to payment; instead, they recommended that the matter be addressed by ordinary courts. The Applicants failed to establish any contravention of Ugandan national law or Treaty obligations by the Respondent. The letter of August 2016, which formed the basis of the Reference, was rooted in a misdirection of law and did not give r…

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• Freezing Of Bank Accounts
• Right To Property
• Rule Of Law Obligations
• Treaty Compliance
• Statute Of Limitations

Etienne and Anor v Secretary General of the East African Community (Application 8 of 2015)

Etienne and Anor v Secretary General of the East African Community (Application 8 of 2015) [2015] EACJ 33 (30 October 2015) (First Instance Division)

Court

East African Court of Justice

Case number

Application 8 of 2015

Judge

Jundu JA, Lenaola JA, Mugenyi JA, Ngiye JA, Ntezilyayo JA

The East African Court of Justice refused interim orders stopping recruitment of its Registrar, finding such relief neither necessary nor desirable at that stage.

• Interim Orders
• Treaty Compliance
• Recruitment Processes
• Judicial Discretion
• Interim-orders
• Judicial-discretion

The Uprona Party and Others v A.G. of Republic of Burundi and Another (Application 4 of 2014)

The Uprona Party and Others v A.G. of Republic of Burundi and Another (Application 4 of 2014) [2014] EACJ 25 (15 August 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Application 4 of 2014

Judge

Lenaola JA

The East African Court of Justice refused interim relief seeking to suspend Burundi’s land commission law, holding the requested orders were effectively final and premature.

• Judicial Independence
• Separation Of Powers
• Right To Fair Trial
• Administrative Tribunals
• Land Dispute Resolution
• Treaty Compliance

Democratic Party and Another v Secretary General of East African Community and Another (Application 6 of 2011)

Democratic Party and Another v Secretary General of East African Community and Another (Application 6 of 2011) [2012] EACJ 8 (10 May 2012) (First Instance Division)

Court

East African Court of Justice

Case number

Application 6 of 2011

Judge

Arach-Amoko DPJ, Busingye PJ, Butasi J, Lenaola J, Mkwawa J

The Court held Uganda’s EALA election rules remained non-compliant with Article 50 of the EAC Treaty and restrained elections under those rules until amended.

• Treaty Compliance
• Parliamentary Election Procedure
• Representation Of Political Parties
• Supervisory Role Of Eac Secretary General
• Judicial Review Of Parliamentary Rules
• East-african-community-treaty

Democratic Party and Another v Secretary General of East African Community and Others (Application 6 of 2011)

Democratic Party and Another v Secretary General of East African Community and Others (Application 6 of 2011) [2011] EACJ 49 (30 November 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Application 6 of 2011

Judge

Arach-Amoko DPJ, Busingye PJ, Mkwawa J

The court found that the applicants had established a prima facie case with a probability of success, as the impugned Rules of Procedure had previously been declared inconsistent with both the Uganda Constitution and Article 50 of the Treaty by the Constitutional Court of Uganda. The court determined that irreparable injury would result if elections were conducted under these Rules, as it would disenfranchise opposition parties and potentially undermine the credibility of the EALA. The court also held that the balance of convenience favoured the applicants, given the slow pace of legislative…

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• Parliamentary Elections
• Treaty Compliance
• Right Of Association
• Judicial Review