Wakilii

Male H.Mabirizi K.Kiwanuka v Uganda (Criminal Miscellaneous Application No. 4 of 2022)

High Court · [2022] UGHCCRD 27 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for revision challenging proceedings in Entebbe Chief Magistrate Court, with preliminary objection regarding denial of internet access
Decision
Application dismissed; applicant to access legal information through prison library and legal clinic

Observed later treatment

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Holding

The High Court held that convicted prisoners have no constitutional or statutory right to internet access. Denial of internet access does not violate the right to fair hearing under Article 28 where alternative means of legal research exist through prison libraries and legal clinics. A court order granting internet access made in personam to a specific prison officer ceases to have effect upon the prisoner's transfer to another facility. The Prison Service was not in contempt for transferring the prisoner under statutory powers.

Outcome

Application dismissed; applicant to access legal information through prison library and legal clinic

Facts

The applicant, a convicted prisoner serving sentence, brought a revision application challenging proceedings in Entebbe Chief Magistrate Court. He initially obtained a court order allowing him internet access for legal research, directed to the Officer in Charge of Kitalya Mini Max prison. The applicant was subsequently transferred to Luzira prison where he was denied internet access. He raised a preliminary objection claiming the denial violated his right to fair hearing and sought to have the respondents held in contempt. The respondents argued that as a convict he was not entitled to internet services, that such access posed security risks, and that adequate research facilities existed in prison. The respondents further submitted that the original order was directed to a specific officer at Kitalya and did not bind Luzira prison authorities.

Issues

  1. Whether a convicted prisoner is entitled to access internet services as a matter of right.
  2. Whether denial of internet access to a prisoner violates the right to a fair hearing under Article 28 of the Constitution.
  3. Whether the respondents should be held in contempt of court for failing to comply with a court order granting internet access.
  4. Whether a court order made in personam to a specific prison officer remains effective after the prisoner's transfer to a different prison.

Orders

  • Preliminary objections dismissed.
  • Court order dated 7th April 2022 vacated.
  • Respondents not held in contempt of court.

Rules and key headnotes

Constitutional Law — Right to Fair Hearing — Prisoners' Rights — Internet Access
There is no constitutional or statutory provision entitling an inmate or convict to access internet services as a matter of right, and such a right is not encompassed within the right to fair hearing under Article 28 of the Constitution.
Human Rights — Fair Hearing — Access to Information — Alternative Means
Denial of internet access to a convicted prisoner does not violate the right to fair hearing where the prisoner can access legal information through prison libraries, legal clinics, and by instructing legal representatives to conduct research on their behalf.
Criminal Law & Procedure — Prison Administration — Internet Access — Security Considerations
Prohibition on internet use by prisoners arises from the need to preclude communication with persons outside and to prevent obtaining information that could endanger prison security or public safety, particularly where the prisoner's incarceration arose from misuse of the internet.
Administrative Law — Court Orders — Orders in Personam — Effect of Transfer
A court order made in personam specifically directed to an individual prison officer ceases to have effect when the prisoner is transferred to another prison facility, and does not bind the entire prison service.
Administrative Law — Contempt of Court — Prison Service — Statutory Powers of Transfer
The Prison Service cannot be held in contempt of court for transferring a prisoner from one facility to another where such transfer is authorized by statute under section 73(3) of the Prisons Act, which grants the Commissioner General powers to direct prisoner transfers.

Legislation cited (2)

Full judgment

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

Male H.Mabirizi K.Kiwanuka Vs Uganda (Criminal Miscellaneous Application No. 4 of 2022) [2022] UGHCCRD 27 (23 June 2022)
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.