Wakilii

Sundya Muhamudu and Others v Attorney General (Constitutional Petition No. 24 of 2019)

Constitutional Court · [2022] UGCC 7 · 2022 ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Constitutional petition under article 137 of the Constitution challenging the constitutionality of Supreme Court sentencing decisions, the Prisons Act remission regime, and the Sentencing Guidelines (Practice Directions) Legal Notice No 8 of 2013
Decision
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Facts

The petitioners are 569 prisoners held at Luzira serving life imprisonment and long-term sentences exceeding twenty years for capital offences including murder, rape, aggravated robbery and mob justice. The first petitioner is aged 92 and serving life imprisonment; others serve sentences ranging from 21 to about 75 years. They are aggrieved by the effect of the Supreme Court decision in Tigo Stephen v Uganda, which defined life imprisonment as imprisonment for the natural life of the convict, and by Attorney General v Susan Kigula, under which unexecuted death sentences are deemed commuted to life imprisonment without remission after three years. They also challenge the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice Directions) Legal Notice No 8 of 2013, issued by the Chief Justice under article 133(1)(b), as introducing minimum and long-term sentences exceeding twenty years not legislated by Parliament. They contend these measures deprive them of statutory remission and the benefit of time spent on remand, and usurp Parliament's legislative power.

Issues

  1. Whether the Kigula decision's imposition of life imprisonment without remission contravenes articles 21, 126(2)(a) and 128(1) and (2) of the Constitution.
  2. Whether the Tigo decision contravenes articles 21, 23(1)(a)-(h), 23(8), 28(7), 28(8) and 28(12) of the Constitution.
  3. Whether the Supreme Court acted ultra vires in interpreting and invalidating section 47(6) (now section 86(3)) of the Prisons Act in the Tigo decision, contravening articles 132 and 137(1) of the Constitution.
  4. Whether the minimum and long-term sentences under the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice Directions) Legal Notice No 8 of 2013 contravene articles 28(8) and (12), 79(1), 128(1) and (2) of the Constitution.
  5. Whether the retrospective application of the Tigo decision contravenes articles 28(8) and (12), 21(1), 23(8) and 92 of the Constitution.
  6. Whether the petitioners are entitled to the remedies sought.

Key headnotes

Separation of Powers — Remission as an Executive/Statutory Function Beyond Judicial Control
A court has no jurisdiction to order that a custodial sentence be served without remission, because remission is a statutory right under the Prisons Act administered by the prison authorities and is not among the penalties a court may impose.
Life Imprisonment — Definition and Application of Remission
Life imprisonment means imprisonment for the natural life of the convict, though the actual period served may stand reduced on account of remission earned under the Prisons Act, except where a death sentence has been commuted to life imprisonment without remission.
Constitutional Interpretation — Generous and Purposive Approach
A constitution is construed on the basis of its own language using a generous and purposive approach that gives individuals the full benefit of their fundamental rights, while exceptions and limitations to those rights are given a strict and narrow construction.

Legislation cited (26)

  • Constitution of Uganda 1995 art.21
  • Constitution of Uganda 1995 art.23(1)
  • Constitution of Uganda 1995 art.23(8)
  • Constitution of Uganda 1995 art.28(7)
  • Constitution of Uganda 1995 art.28(8)
  • Constitution of Uganda 1995 art.28(12)
  • Constitution of Uganda 1995 art.79
  • Constitution of Uganda 1995 art.92
  • Constitution of Uganda 1995 art.121
  • Constitution of Uganda 1995 art.126(2)(a)
  • Constitution of Uganda 1995 art.128(1)
  • Constitution of Uganda 1995 art.128(2)
  • Constitution of Uganda 1995 art.132
  • Constitution of Uganda 1995 art.133(1)(b)
  • Constitution of Uganda 1995 art.137
  • Prisons Act 2006 s.86(3)
  • Prisons Act 2006 s.86(2)
  • Prisons Act 2006 s.84
  • Prisons Act 2006 s.85
  • Prisons Act cap 304 s.47(6)
  • Penal Code Act s.1
  • Penal Code Act s.2
  • Penal Code Act s.129
  • Trial on Indictments Act s.2
  • Law Revision (Penalties in Criminal Matters) Miscellaneous (Amendment) Act 2019 s.4
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice Directions) Legal Notice No 8 of 2013

Cases cited (31)

  • Tigo Stephen v Uganda (Criminal Appeal No. 8 of 2009)
  • Attorney General v Susan Kigula and 417 Others (Constitutional Appeal No. 3 of 2006)
  • Susan Kigula and 417 Others v Attorney General (Constitutional Petition No. 6 of 2003)
  • Okello Alfred and Others v Uganda (Criminal Appeal No. 28 of 2016)
  • Wamutabanewe Jamiru v Uganda (Criminal Appeal No. 74 of 2007)
  • Magezi Gad v Uganda (Criminal Appeal No. 17 of 2014)
  • Ssekawoya Blasio v Uganda (Criminal Appeal No. 24 of 2013)
  • Okello Geoffrey v Uganda (Criminal Appeal No. 34 of 2014)
  • Kamya Abdullah and 4 Others v Uganda (Criminal Appeal No. 24 of 2015)
  • Opolot Justine and Another v Uganda (Criminal Appeal No. 31 of 2014)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Ogwal Alberto v Uganda (Criminal Appeal No. 46 of 2010)
  • Kabaserebanyi v Uganda (Criminal Appeal No. 10 of 2014)
  • David Wesley Tusingwire v Attorney General (Constitutional Petition No. 4 of 2016)
  • Attorney General v Gladys Nakibuule Kisekka (Constitutional Appeal No. 2 of 2016)
  • Carolyn Turyatemba and Others v Attorney General and Another (Constitutional Petition No. 15 of 2006)
  • Uganda Revenue Authority v Rabbo Enterprises (U) Ltd and Another (Civil Appeal No. 12 of 2004)
  • Ssekitoleko Yudah v Uganda and 2 Others (Criminal Appeal No. 33 of 2014)
  • Opoya v Uganda (1967) EA 752
  • Ogalo s/o Owoura v R (1954) 21 EACA 270
  • Minister of Home Affairs and another v Fisher and another [1979] 2 All E.R. 21 / [1980] A.C. 319
  • State v Makwanyane and Another [1995] 1 LRC 269
  • Dow v Attorney General (of Botswana) [1992] LRC (Const.) 623
  • The Queen vs. Big M Drug Mart [1986] LRC 332
  • Dickason V University of Alberta, [1992] 2 S.C.R 1103
  • R v Foy [1962] 2 All ER 245
  • Gopal Vinayak Godse Vs the State of Maharashtra and others (1962) ISCJ 423, (1961) 39 AIR 1961 SC 600
  • Re McFarland (2005) UK HL 17, (2004) 1 WLR 1289
  • Hunter Douglas Australia Pty Vs Parma Blinds (1970) 44 A.L.J.R 57
  • Edwards v Vannoy 19 - 5807 United States reports (May 17, 2021)
  • The Queen Vs Beauregard (1987) LRC (constitutional) 180
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.