Constitutional Court Begins Crucial Session on Governance And Human Rights in Uganda

The Constitutional Court in Kampala has commenced a pivotal three-day session, set to conclude on June 13, to deliberate on 14 constitutional petitions and 11 constitutional applications. This high-level sitting aims to address critical questions surrounding Uganda’s governance, human rights, and the delicate balance of power within the state.

The session is being presided over by a distinguished panel led by Deputy Chief Justice, Justice Dr. Flavian Zeija. He is joined by Justices Fredrick Martin Stephen Egonda-Ntende, Oscar Kihika, Ketrah Kitariisibwa Katunguka, Florence Nakachwa, and John Mike Musisi.

According to HW Mugala Jane, the Court’s Deputy Registrar, the petitions slated for hearing cover a wide spectrum of constitutional questions that impact public administration, legal processes, and fundamental rights.

Among the notable cases is Dominic Mugerwa vs Attorney General & 4 Others, a petition challenging the Uganda Revenue Authority (URA) Prosecution team’s multi-faceted role as complainant, investigator, and prosecutor. The petitioner argues that this arrangement violates the constitutional guarantee of a fair hearing and contradicts Articles 28(1), 120(5 6), 211, and 212 of the Constitution.

Another significant case, Kabanda David & 2 Others vs Attorney General, sees the petitioners faulting the government for failing to regulate the sale and promotion of unhealthy food and beverages near schools. They contend that this omission violates the rights of children and contravenes Articles 8A, 20, 24, 34, and 45 of the Constitution.

The court is also set to hear Aboneka Michael & Another vs Attorney General, a petition contesting the constitutionality of Article 113(1), which permits the President to appoint sitting Members of Parliament as Cabinet Ministers. The petitioners argue this undermines the doctrine of separation of powers and weakens legislative independence.

In Kuuku Amos & 2 Others vs Attorney General, the petitioners are challenging provisions of the Magistrates Courts Act and the 2022 Constitution (Bail Guidelines) that allow courts to impose cash bail. They argue that such provisions violate constitutional guarantees to equality, liberty, and the presumption of innocence.

The session will also address Uganda Court Bailiffs Association Ltd vs Attorney General, a petition contesting the legality of the Judicature (Court Bailiffs) Rule 2022. The petitioners claim that the Rules were not properly gazetted or tabled before Parliament, thereby breaching Articles 1, 2, and 91 of the Constitution.

This comprehensive session by the Constitutional Court reflects a renewed commitment to tackling pressing constitutional issues affecting governance and the delivery of justice in Uganda. The outcomes from these hearings are expected to significantly shape legal precedent and inform ongoing discussions on law reform and constitutionalism within the country.