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Mabirizi Kiwanuka v Uganda (DPP) and Another (Criminal Miscellaneous Cause 3 of 2023)

High Court · [2023] UGHCACD 7 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for declarations and permanent injunction challenging investigations and prosecutions of political leaders in relation to alleged diversion of iron sheets intended for vulnerable groups in Karamoja
Decision
Application dismissed

Observed later treatment

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Holding

Held that political leaders including the Vice President, Speaker, Prime Minister, Ministers and Members of Parliament are not immune from criminal prosecution despite not being holders of public office as defined under Article 257 of the Constitution. Investigations, arrests, detentions and prosecutions of such political leaders in respect of alleged diversion of iron sheets do not infringe their constitutional rights where such actions are conducted in accordance with law. The application seeking to halt prosecutions and declare such investigations unconstitutional was dismissed as misconceived.

Outcome

Application dismissed

Facts

The applicant challenged ongoing investigations and prosecutions by the Uganda Police Force and Director of Public Prosecutions against various political leaders including the Vice President, Speaker, Prime Minister, Ministers and Members of Parliament. The investigations related to the alleged diversion of 12,200 iron sheets which had been requested by Minister Goretti Kitutu through an internal memo dated 12 January 2023 for distribution to vulnerable groups in Karamoja. The iron sheets were allegedly distributed to persons outside Karamoja who were neither vulnerable nor the intended beneficiaries. Some Ministers had been arrested, detained, produced in court and released on bail pending trial. The applicant sought declarations that such investigations and prosecutions violated the fundamental rights of the political leaders and orders to halt further proceedings.

Issues

  1. Whether the applicant has locus standi to bring this action.
  2. Whether investigations, arrests, detentions and prosecution of some Ministers violated their fundamental rights and freedoms enumerated in the Motion.
  3. Whether such investigations, arrests, detentions and prosecutions are piecemeal and if so whether they violate the fundamental rights and freedoms listed in the Motion.
  4. Whether investigations, arrests, detentions and prosecutions in respect of the 12,200 iron sheets are demonstrably justifiable in a free and democratic society.
  5. What remedies if any are available.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — Locus Standi — Public Interest Litigation — Article 50(2) of Constitution
Article 50(2) of the Constitution grants standing to any person or organisation to bring an action against the violation of another person's or group's human rights, and this provision is sufficient to confer locus standi without requiring the additional qualifications specified in section 3(2) of the Human Rights (Enforcement) Act 2019.
Constitutional Law — Public Office — Definition — Exclusion of Political Leaders
Article 257 of the Constitution defines public office and excludes political leaders from being holders of public office. However, this exclusion means only that political leaders are not bound by public service regulations; it does not confer immunity from criminal prosecution for offences committed while holding office.
Constitutional Law — Presidential Immunity — Scope — Immunity of Other Political Leaders
Presidential immunity from prosecution under Article 98(4) of the Constitution is a temporary immunity that applies only while the President holds office. This immunity cannot be extended by implication to other political leaders including the Vice President, Cabinet Ministers or Members of Parliament; such immunity must be specifically granted by law.
Criminal Law & Procedure — Criminal Liability of Political Leaders — Accountability
Political leaders can be charged with criminal offences committed whilst holding office. The decision whether to charge a political leader or an accounting officer is informed by investigations regarding participation, which is a key ingredient in criminal cases, and can only be determined by a court following a full trial on the basis of evidence adduced.
Human Rights — Right to Liberty — Criminal Investigations — Constitutional Limitations
Investigations, arrests, detentions and prosecutions conducted in accordance with law do not violate the fundamental rights of suspects including political leaders. Accused persons have rights under Articles 23 and 28 of the Constitution such as not being detained beyond 48 hours, the right to counsel, the right to apply for bail, and the presumption of innocence, and unless these specific rights are violated, the mere fact of being investigated or prosecuted does not constitute a rights violation.

Legislation cited (22)

Cases cited (4)

  • Male Mabirizi Kiwanuka v Attorney General of Uganda (EACJ Reference No. 6 of 2019)
  • Kazinda Geoffrey v Attorney General (Constitutional Petition No. 30 of 2014)
  • Darlington Sakwa and Another v Attorney General (Constitutional Petition No. 8 of 2006)
  • Prof Gilbert Balibaseka Bukenya v Attorney General (Constitutional Petition No. 30 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mabirizi Kiwanuka v Uganda (DPP) and Another (Criminal Miscellaneous Cause 3 of 2023) [2023] UGHCACD 7 (4 July 2023)
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.