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Foundation For Human Rights Initiative and Others v Attorney General of Uganda (Constitutional Petition No. 3 of 2015)

Constitutional Court · [2025] UGCC 10 · 2025 Petition Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137(3) seeking declarations that sentences of imprisonment without remission and sentences beyond 20 and 30 years are unconstitutional
Decision
Petition disposed of with no additional relief; the declarations from the Sundya case adopted on issue 1 and issues 2 and 3 answered against the petitioners.

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Holding

The Constitutional Court held that the question whether sentences of imprisonment without remission are unconstitutional had already been answered in Sundya Muhamudu and 568 Others v Attorney General, where such orders were found to interfere with the separation of powers and to be made without jurisdiction; the Court adopted those declarations. It further held that sentences beyond 30 years do not contravene Articles 24 and 126(1), as a harsh sentence is not torture or cruel treatment and grievances are addressed on appeal, and that sentences beyond 20 years do not contravene Article 126(1), there being no basis for the asserted restorative-justice value. The petitioners were not entitled to the remedies sought.

Facts

The petitioners, a human rights organisation and two pastors, challenged the constitutionality of certain sentencing practices following Attorney General v Susan Kigula, which struck down the mandatory death sentence. They contended that courts had since imposed fixed-term sentences without remission, sentences of imprisonment for natural life unknown to Ugandan law, and sentences exceeding 20 and 30 years. They argued that remission is an Executive prerogative, that depriving convicts of remission usurps that function and offends the separation of powers, and that lengthy sentences are cruel, inhuman and contrary to restorative-justice values. The third petitioner had originally filed alone in February 2015; an amended petition adding the other petitioners followed in October 2015, supported by affidavits, including one from a convict ordered to serve 20 years without remission. The respondent contended the petition raised no question for constitutional interpretation, that remission is a statutory and conditional grant, and that lengthy sentences are legitimate punishment authorised by law.

Issues

  1. Whether the awards of sentences of imprisonment without remission are in violation of Articles 28(1) and 126(1) of the Constitution.
  2. Whether the awards of sentences of imprisonment beyond 30 years are cruel and inhuman and in violation of Articles 24 and 126(1) of the Constitution.
  3. Whether the awards of sentences beyond 20 years are in violation of Article 126(1) of the Constitution.
  4. Whether the petitioners are entitled to the remedies sought.

Orders

  • The question in issue 1, whether awards of sentences of imprisonment without remission violate Articles 28(1) and 126(1), was already answered in Sundya Muhamudu and 568 Others v Attorney General.
  • On issue 2, awards of sentences beyond 30 years are not cruel and inhuman and do not violate Articles 24 and 126(1); answered in the negative.
  • On issue 3, awards of sentences beyond 20 years are not in violation of Article 126(1); answered in the negative.
  • The petitioners are not entitled to the remedies sought.
  • Each party shall bear its own costs as the petition was brought in the public interest.

Key headnotes

Constitutional Law — Jurisdiction of the Constitutional Court — Requirement of a question of constitutional interpretation under Article 137
The Constitutional Court's jurisdiction is limited to the interpretation of the Constitution; unless the determination of a petition depends on the interpretation or construction of a constitutional provision, the Court has no jurisdiction, and not every alleged violation of the Constitution must come before it.
Criminal Law & Procedure — Sentencing — Remission — Separation of powers
An order by a court that a sentence be served without earning remission interferes with the doctrine of separation of powers and is made without jurisdiction, since imposing a sentence is the preserve of the Judiciary while enforcing it, including remission, is the preserve of the Executive under laws enacted by Parliament.
Human Rights — Protection from inhuman punishment — Lengthy custodial sentences and Article 24
A sentence of imprisonment exceeding 30 years does not, however harsh, amount to torture or cruel, inhuman or degrading treatment contrary to Article 24, since the sentencing court does not intend to subject the convict to such treatment and any grievance arising from sentencing discretion is addressed through the appeal process.
Constitutional Law — Article 126(1) — Restorative justice and the exercise of judicial power
Article 126(1) does not enjoin courts to apply principles of restorative justice that integrate compassion, rehabilitation and forgiveness so as to render sentences beyond 20 years unconstitutional; absent supporting basis, such an assertion is one-sided, and lengthy sentences below the lawful death penalty do not contravene Article 126(1).
Statutory Interpretation — Prisons Act — Remission as a statutory function, not a measure of sentence
The Prisons Act and Rules assist prison authorities in administering sentences and do not prescribe sentences; remission is a function of the penal institution exercised in tandem with the sentence imposed, and a court errs in ordaining that a convict serve a sentence without remission.

Legislation cited (17)

  • Constitution of Uganda 1995 art.24
  • Constitution of Uganda 1995 art.28(1)
  • Constitution of Uganda 1995 art.79
  • Constitution of Uganda 1995 art.121
  • Constitution of Uganda 1995 art.126(1)
  • Constitution of Uganda 1995 art.137
  • Prisons Act Cap 325 s.86(3)
  • Prisons Act Cap 325 s.47
  • Prisons Act Cap 325 s.47(6)
  • Prisons Act Cap 325 s.84
  • Prisons Act Cap 325 s.85
  • Prisons Act Cap 325 s.86(4)
  • Prevention and Prohibition of Torture Act s.2
  • Prevention and Prohibition of Torture Act s.7(2)
  • Trial on Indictment Act s.1
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013
  • Law Revision (Penalties in Criminal Matters) Miscellaneous (Amendment) Act 2019

Cases cited (11)

  • Attorney General v Susan Kigula and 417 Others (Constitutional Appeal No. 3 of 2006)
  • Sundya Muhamudu and 568 Others v Attorney General (Constitutional Petition No. 24 of 2019)
  • [2022] UGCC 7
  • Attorney General v Major General David Tinyefuza (Constitutional Petition No. 1 of 1997)
  • Ismail Serugo v Kampala City Council and Attorney General (Constitutional Appeal No. 2 of 1998)
  • Charles Kabagambe v Uganda Electricity Board (Constitutional Petition No. 2 of 1999)
  • Okello Alfred and 5 Others v Uganda (Criminal Appeal No. 28 of 2016)
  • Tigo Stephen v Uganda (Criminal Appeal No. 8 of 2009)
  • Wamutabanewe Jamiru v Uganda (Criminal Appeal No. 74 of 2007)
  • Aharikundira Yustina v Uganda (Criminal Appeal No. 27 of 2015)
  • Soering v United Kingdom (1989) 161 Eur. Ct. H.R. (Ser A)
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.