Uganda Case Law

Tumwesige Francis v Attorney General (Consitutional Petition No. 36 of 2018)

Tumwesige Francis v Attorney General (Consitutional Petition No. 36 of 2018) [2022] UGCC 5 (2 December 2022)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 36 of 2018

Judge

Monica K. Mugenyi, JCC, Madrama, JCC, Musoke, JCC, Gashirabake, JA, Egonda-Ntende, JCC

Sections 168(1)(c) and (d) of the Penal Code Act are unconstitutional because they fail to define criminal offences with sufficient clarity and precision, violating the principle of legality under article 28(12) of the Constitution. The provisions are vague and overly broad, allowing for arbitrary and discriminatory enforcement, and reverse the presumption of innocence by requiring accused persons to prove their innocence. This contravenes the non-derogable right to a fair trial and presumption of innocence under articles 28(3)(a) and 44(c). The impugned sections also facilitate arbitrary dep…

Source excerpt

• Vagueness Of Criminal Offences
• Presumption Of Innocence
• Right To Personal Liberty
• Equality Before The Law
• Freedom Of Movement