Constitution of the Republic of Uganda

Thus clause (4) of Article 1 of the Constitution states- " 1 (4) The people shall express their will and consent on who shall govern them and how they should be governed through regular, free and fair elections of their representatives or through referenda."

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Furthermore Article 1 of the Constitution recognises the sovereignty of the people and declares that "all authority of the State emanates from the people of Uganda, and the people shall be governed through their will and consent." It is further provided in Article 1 (4),

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Now, the question is whether Act 13/2000 amended articles 1 and 2 of the Constitution. Article 1 of the Constitution provides:- "1.

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not specifically mention the rules provided under the Criminal Procedure Code Act (CPCA) and Trial on Indictment Act (TIA) while reaching her decision, that does not mean that she would have reached a 20 different decision because the two Acts of Parliament are inferior to the 1995 Constitution and cannot override Article 2 of the Constitution as stated by the learned single Justice.

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Article 2 of the Constitution provides for the supremacy of the Constitution.

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Article 2 of the Constitution provides: - "2 (1) the Constitution is the Supreme Law of Uganda and shall have binding force on all authorities and persons throughout Uganda.

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Article 3 of the Constitution, Counsel argued, prohibits the taking of control of the government of Uganda unconstitutionally.

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Article 3 of the Constitution of Zimbabwe provides that "this Constitution is the supreme law of Zimbabwe and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void".

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s' claim against the Defendant is based on alleged failure to translate the Constitution of the Republic of Uganda in all indigenous local languages of Uganda, to promote awareness of the Constitution, to ensure that all education training and military institutions review their curricula to incorporate and teach the Constitution to persons as mandated under Article 4 of the Constitution. The gist of the Plaintiffs' contention is that the Defendant has deliberately failed to execute its mandate under Article 4 of the Constitution.

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cttte or require an Act of Parliament to amend Article 5 of the Constitution. Artic e 5(2)(b) of the Constitution does not provide for Kampala to be the only city.

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Article 5 of the Constitution provides for the regions, districts, and

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ion that section 79 (3) of the KCC Act is contra ry to the spirit of the Constitution in as far as the doctrin e of separation of 20 powers is concerned, the respondent submitted that the argument is misconceived because section 3 of the KCC Act provides that the Capital City shall in accordance with Article 5 of the Constitution be admini stered by the Central Government.

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in deciding whether the person is a witch and common repute is relevant in determining substances, means, processes, or ceremonies administered, used or performed in the practice of witchcraft . Besides, Article 6 of the Constitution provides in clause (1) thereof:

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The purpose and effect of the Act and regulations in as far as this petition is concerned are to be construed against the background of Article 7 of the Constitution which proclaims "Uganda shall not adopt a state religion" This Article therefore frees Ugandans from official dogma and leaves them to worship anything or nothing within Article 20, 29(11) (c) and 37.

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Chapter 5 Article 7 of the Constitution provides that a person shall not qualify to

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The Respondent State contends that it has put the following legislations in place to combat trafficking: Article 7 of the Constitution, which provides for the freedom of movement; the Anti-Traffic in Persons Act, 2008 which prohibits trafficking; cross-border operation plans between Tanzania, Malawi and Mozambique on combatting the cross-border trafficking of PWA and lastly, the Law of the Child Act, 2009.

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Counsel then relied on Article 9 and 10 of the Constitution that provides for

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The Complainants submit that the Ethiopian courts by creating crimes by analogy have not only deviated from the international Genocide Convention to which Ethiopia is a party, but also Article 9 of the Constitution of Ethiopia, which stipulates that all the laws of the land must be interpreted in conformity with international conventions, treaties and agreements.

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[22] Article 10 of the Constitution of Uganda provides that the following persons shall be citizens of Uganda by birth - (a) every person born in Uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926, and set out in the Third Schedule to this Constitution; and (b) every person born in or outside Uganda one of whose parents or grandparents was at the time of birth of that person a citiz

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Counsel then relied on Article 9 and 10 of the Constitution that provides for

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Article 10 of the Constitution provides for persons who shall be citizens of Uganda by birth and it is also clear.

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They further submit that pressing the thumb of the lawyer severely with a plier with an intend to intimidate the lawyer and force him to refrain from legal practice and legal representation and the silence and refusals of the Respondent State to hold the known perpetrators accountable violates Article 11 of the Constitution of South Sudan (the right to dignity and integrity of persons), and Article 18 (freedom from torture) and constitute a violation of Article 5 of the Charter which prohibits torture, cruel and inhuman treatment of human beings.

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In this context, Article 11 of the Constitution of the Islamic Republic of Mauritania stipulates: "Political parties work towards the formation and the expression of political will.

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To ensure Zambia' s policy of non-discrimination, Article 11 of the Constitution provides that: It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to limitations…

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In the present Application, the Court notes that Articles 12 and 13 of the Constitution of the Respondent State provides for the right to equality and equal protection of law in the same terms as the provisions in the Charter, including by prohibiting discrimination among individuals on unjustified grounds.

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Is nullification of the re-entry and recreation of the lease deprivation of property? If so, is it in any way contrary to Article 13 of the Constitution which was in force at the time which provided that no property of any description shall be compulsorily taken possession of and no interest in or right over property of any description shall be compulsorily acquired, unless certain conditions are met? For any Court to answer these matters there must be proper pleadings.

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Although the provisions of that section are so wide as to cover any irregularity in the proceedings before the registration of the title, it must be said that such provision, is subject to the provisions of Article 13 of the Constitution which requires compensation to be paid to anybody who is deprived of his property.

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In the present Application, the Court notes that Articles 12 and 13 of the Constitution of the Respondent State provides for the right to equality and equal protection of law in the same terms as the provisions in the Charter, including by prohibiting discrimination among individuals on unjustified grounds.

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Article 15 of the Constitution provides for fair trials within a reasonable time.

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Articles 15 and 24 of the Constitution of Zimbabwe provide for the prohibition of torture and the legal procedure for enforcement mechanism against torture.

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Articles 15 and 24 of the Constitution of Zimbabwe provide for the prohibition of torture and the legal procedure for enforcement mechanism against torture.

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I have further considered the contention of the second respondent that it 10 was the duty of the first petitioner and any other person whose name was omitted pursuant to use of the national ID project data, to register as a voter. Article 17 of the Constitution which stipulates the duties of a citizen states as follows: 17.

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On the other hand, counsel for the plaintiff argued that the plaintiff's suit is founded and premised of Article 17 of the Constitution which provide for the duties of a citizen one of which is to combat corruption and misuse or wastage of public property.

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The respondent submitted also Article 17 of the Constitution requires every citizen to pay taxes promptly.

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that.there is a mutually reinforcing link between the right to dignity and the absolute' prohibition of torture and other ill- treatment." Also, it notes that Articles 11 and 18 of the Constitution of South Sudan protects the right to dignity and integrity.of persons arjd prohibits torture.

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She cited Article 20 of the Constitution which provides that "rights and freedoms of the individual and groups in this Chapter shall be respected, upheld and promoted by all organs of Government and all Persons." She contended that this was to show that under International Law, Amnesties for certain crimes should not be allowed. 10

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Uganda acknowledges this in Article 20 of the Constitution, which reads - and not "(t) Fundamental rights and freedoms of the individual are inherent granted by the State. (2) The rights and freedoms of the individual and groups enshrined in this shall be respected, upheld and promoted by alt organs and agencies of Chaprer Government and bY all Persons." a protection of the fundamental human rights rheretbre, is a primary ob.iective of cr etr

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Uganda acknowledges this in Article 20 of the Constitution, which reads - "(I) Fundamental rights and freedoms of the individual are inherent and not granted by the State. (2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons."

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Counsei concluded that inherent in sections 130 131, ad 132 PC Act, is a denial of women's access to safe abortion services provided by qualified medical practitioners, which is an abrogation from the right to 20 health as mandated by the Constitution and international law. Issue II [35] For issue two, the Petitioners' counsel cited Article 21 of the Constitution that guarantees equality for all people under the law and prohibits ali forms of discrimination including on grounds of 25 sex and gender, as well as Article 33(1) which guarantees equal dignity of women and men.

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That while the purpose of cash bail condition is not unconstitutional, the effect and results of its application have grossly violated and in contravention of Article 21 of the Constitution, as it prolongs the remand period of a cross section of indigent persons in Uganda who find themselves in confines of the criminal justice processes that prescribes cash bail deposits as a condition to be released.

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He went on to submit that while clause (3) of Article 21 of the Constitution defines what amounts to discrimination, it was not intended to limit the enjoyment of freedom from discrimination in aspects of life that were not mentioned in the provision.

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Sebugwawo the death penalty imposed on the appellant is in contravention of Article 22 and 24 of the Constitution on peoples rights to life and prohibition of torture, cruel, and inhuman or degrading treatment or punishment. 20 He also cited S.98 of the Trial on Indictments Act (TIA) which provides that the Court before passing a sentence other than a sentence of death may make such inquiries as it think fit in order to inform itself as to the sentence to be passed and may inquire into the character and antecedents of the accused which denies an accused convicted of murder a fair hearing on sentence

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Regarding the fifth ground which is to the effect that the Constitutional Court erred in law in holding that an exclusion order under the Witchcraft Act is unconstitutional and amounted to a threat to life contrary to Article 22 of the Constitution, for the reasons given under ground 3, ground 5 must also fail.

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Ground five of the appeal is to the effect that the Constitutional Court erred in law in holding that an exclusion order under the Witchcraft Act is unconstitutional and amounted to a threat to livehood which is a threat to life contrary to Article 22 of the Constitution.

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This is discernible from Article 23 of the Constitution, which only expressly allows Courts to interfere with the right to personal liberty, through Court orders; where it provides thus:

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s to have considered the import of the words "to take into account the period lawfully spent on remand." The court opined that these words require a trial court to pass "an ascertainable and final sentence after it has taken the remand period into account." This in effect is the construction which this Court has placed to provisions of clause (8) of Article 23 of the Constitution in a series of its decisions made in the recent years.

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The Petitioners also challenge Section 5 of the Act which requires a Petitioner to name a co- respondent and the exceptions to it as inconsistent with Articles 20,2L,23,3L and 44 of the Constitution.

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Sebugwawo the death penalty imposed on the appellant is in contravention of Article 22 and 24 of the Constitution on peoples rights to life and prohibition of torture, cruel, and inhuman or degrading treatment or punishment. 20 He also cited S.98 of the Trial on Indictments Act (TIA) which provides that the Court before passing a sentence other than a sentence of death may make such inquiries as it think fit in order to inform itself as to the sentence to be passed and may inquire into the character and antecedents of the accused which denies an accused convicted of murder a fair hearing on sentence

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They petitioned that the imposition on them of the death sentence was inconsistent with Articles 24 and 44 of the Constitution. They further contended in the alternative that:- 15 1) The various provisions of the Laws of Uganda which provide for a mandatory death sentence were unconstitutional because they are inconsistent with Article 20,21,22,24 and 44 (a) of the Constitution because they deny the convicted persons the right to appeal against sentence, thereby denying them the right of equality before the law 20 and the right to a fair hearing as provided for in the Constitu

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They contended that the imposition on them of the death sentence was inconsistent with Articles 24 and 44 of the Constitution. To the Respondents the various provisions of the laws of Uganda which prescribe the death sentence are inconsistent with

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right to petition for a declaration was a mere chose in action which did not confer any property within the meaning of Article 26 of the Constitution. She further contended that Rule 15 which the appellant complains of is not inconsistent with the provisions of the Constitution. Counsel for the state cited the Law Reform (Miscellaneous Provisions Act) and the case of Shah v.

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6, Plot Numbers 6, 4, 11 Singo Block 291 land at Kibisi Estate through issuance of 15 a status quo order and enforcing it by arresting and detaining the First Petitioner, are acts not protected by immunity as they are ultravires the mandate of the Commission and they are inconsistent with Articles 2, 20, 24, 26, 27, 43 and 251 of the Constitution. "

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Article 26 of the Constitution provides: '26 Protection from deprivation of property.

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That Regulation of Interception of Communications Act due to its failure to provide for Judicial Safeguards is unconstitutional for breaching the right to privacy guaranteed under Article 27 of the Constitution.

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6, Plot Numbers 6, 4, 11 Singo Block 291 land at Kibisi Estate through issuance of 15 a status quo order and enforcing it by arresting and detaining the First Petitioner, are acts not protected by immunity as they are ultravires the mandate of the Commission and they are inconsistent with Articles 2, 20, 24, 26, 27, 43 and 251 of the Constitution. "

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[ 14] With regard to issue no.3, counsel for the petitioners submitted that section 11(1) of the Anti- Pornography Act 2014 grants the Pornography Control Committee power without a warrant to inspect and examine documents or seize equipment which is inconsistent with and in contravention of the right to privacy guaranteed under Article 27 of the Constitution. Counsel for the petitioners argued that the impugned provisions confer wide discretionary powers to the Committee which contravenes and is inconsistent with the right to personal liberty, privacy and property.

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To arrow such a case to proceed and be determined, 3s would mean condemning the Attorney General and the 15oo former workers of UEB and its successor companies unheard, an act that is contrary to Articles 28 and 44 of the Constitution. On this premise, I cannot therefore fault the learned Justices of the court of Appeal for upholding the striking out of HCCS No.

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Article 28 of the Constitution of the Republic of Uganda, 1995, provides that in determining civil rights and obligations, a person shall be

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Article 28 of the Constitution stipulates determinants and standards of a fair trial.

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The Appellants shall demonstrate that the learned Justices of the Constitutional Court severally misdirected themselves on matters of law, procedure and fact when they substantially found that there was no inconsistency in the Appellants petition/case with Articles 20, 29, 30 and 37 of the Constitution, there being no violation of any rights therein and the Respondent therefore did not have the onus of

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6.6 The respondents cited Article 29 of the Constitution which provides for freedom of association.

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In relevant parts, Article 29 of the Constitution provides as follows: Protection of freedom of conscience, expression, movement, religion, assembly and association. (l ) Every person shall have the right to-

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The right to education provided by Article 30 of the Constitution does not in any way mean the right to attend the respondent university at the students' own terms..."

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regulation 5 which prohibits a police officer to marry a foreign national without approval from the IGP contravenes Article 31 of the Constitution as it restricts the right to marry.

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Article 31 of the Constitution mandates that "women shall have the right to equal treatment with men..." As equals, the petitioners contend that a bride price, thus contravenes Article 21, which provides for equality and freedom from discrimination ("All persons are equal before and under the law in all spheres of...economic, social and cultural life and in every other respect shall enjoy the equal protection of the law.")

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Article 31 of the Constitution provides for equality during marriage but does not provide that ali property belonging to either spouse must be shared equally upon divorce. Kissakye JSC, held that it was worth noting that the contributing spouse's share 15 is not restricted to maximum 50% share of either matrimonial home or in other jointly held property.

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Article 33 of the Constitution of the Republic of Uganda 1995 as amended provides that women shall be accorded full and equal dignity of the person with men, shall be provided with facilities and opportunities necessary to enhance the welfare of women to enable them enable them to realise their full potential and advancement, it was the applicant's submission that the respondent never denied the fact that it conducts lectures in a hall of residence for male students with no ladies' toilets which is an inconvenience to female

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The defence of Provocation as defined under the Penal Code Act must be amended in light of the new law (DVA) and the constitutional guarantees of gender equality (Article 33) and Freedom from torture, cruel or inhuman and degrading treatment or punishment ( Articles 31,33 and 24 of the Constitution of the Republic of Uganda) .

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This Court, as a Court of record and exercising its appellate Jurisdiction in conformity with the Principles of law, Justice, Equity and good conscience as spelt out under Section 2(a) and (c) and Section 15(1) of the Judicature Act, shall and will not be derailed by such naïve and 14th century reasoning of reference to a wife as someone, contrary to Article 33 of the Constitution of this country.

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In such cases it may well be that Section 46 of the Children Act runs counter to Article 34 of the Constitution that requires, inter alia, laws relating to children to be enacted in their best interests.

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5.23 Even assuming that all statutory requirements under Sections 88 and 90 were met, this Court must independently evaluate whether granting this Petition serves the best interests of the child, as mandated by Section 3 of the Children Act, Cap 62, Article 34 of the Constitution of the Republic of Uganda 1995, and the UN Convention on the Rights of the Child. 5.24 The law under Section 91(1)(b) of the Children Act is clear in stating that an adoption order, if made, must be for the welfare of the child, due consideration being given to the wishes of the child having regard to his age and understanding. 5.25 As this Court stated in Nakaggwa Vs.

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To provide education, clothing, food, medical attention and shelter all in the interests of the children pursuant to article 34 of the Constitution and section 3 of the Children Act, proof of financial capability is required;(see also Rule 10 (2) of the Adoption of Children Rules, 1997); bank statements and income tax returns have been adduced; the petitioners have the financial capacity to care for the children.

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Hence the emphasis in Article 1(1) of the Constitution that 'all power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.' tn the petitioners' view, Objective ll(i) of the National Objectives and Directive Principles of State Policy and Articles 8A, 20, 36, 38 and 79 of the Constitution are couched in terms that imposed a duty upon Parliament to facilitate Ugandans' participation in the public consultation process in respect of the Anti-Homosexuality Bill, but the House reneged on its duty.

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Hence the emphasis in Article 1(1) of the Constitution that 'all power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.' tn the petitioners' view, Objective ll(i) of the National Objectives and Directive Principles of State Policy and Articles 8A, 20, 36, 38 and 79 of the Constitution are couched in terms that imposed a duty upon Parliament to facilitate Ugandans' participation in the public consultation process in respect of the Anti-Homosexuality Bill, but the House reneged on its duty.

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The Respondent's action, through its agent, of taking away the Applicant's land contravenes its own laws, particularly Article 36 of the Constitution of the Republic of Burundi, which Article provides that no person shall be deprived of his property except for reasons of public utility or for exceptional and State approved reasons.

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Article 8A of the Constitution state that; - "(1) Uganda shall be governe based on principles of national interest and common good enshrined in th national objectives and directive principles of state policy." Article 37 of the Constitution provi d es that: "Every person has a right as e[pplicable to belong to, enjoy, practice, profess, maintain and promote any cu cultura.l institution, language, tradition, flture, creed or religion in community [r..ith others- A good number of Ugandan religior[" p.o-ot.

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Article 37 of the Constitution of the Republic of Uganda, 1995 as amended provides that, "Every person has a right as applicable to belong to, enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others."

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The petitioners therefore require this court to interpret Article 159 (2l,, 25 (5) and (6) of the Constitution and determine whether the impugned actions of the MoFPED and MoH, which were approved by a Resolution of Parliament to provide funds for the project, contravened the principles therein as well as those in Article 38 of the Constitution. I therefore find that the petition raises question as to the interpretation 30 of the Constitution and will now proceed to address them.

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lt is the Petitioners' contention that Objective Il(ii) of the Constitution enjoins the State to encourage the active participation of the Ugandan citizenry in their governance, while Article 38 of the Constitution recognizes Ugandans' right to participate in the affairs of government either individually or through their representatives.

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Hence the emphasis in Article 1(1) of the Constitution that 'all power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.' tn the petitioners' view, Objective ll(i) of the National Objectives and Directive Principles of State Policy and Articles 8A, 20, 36, 38 and 79 of the Constitution are couched in terms that imposed a duty upon Parliament to facilitate Ugandans' participation in the public consultation process in respect of the Anti-Homosexuality Bill, but the House reneged on its duty.

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The directives on protection of the environment must in my view be read together with Article 39 of the Constitution on the right to a clean and healthy environment to which every Ugandan has a right to. In his letter referred to above, the Executive Director of National Environment Act refers to the Nakivubo wetland as a "critical wetland in Kampala District." Given the fact that Kampala is a city of more than 2 million people, it is not farfetched to see how so many other people could be impacted by the wrongful use of such critical wetland.

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rieht to own land by an individual must be balanced with the fhe |ublic right to a clean and healthy environment enshrined in Article 39 of the Constitution. The Constitution must be construed as a whole.

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Under Section 2A (1) of the Act, every Ugandan has a right to a clean and healthy environment in accordance with Article 39 of the Constitution. Section 2 A (3) of 235 the same Act provides that: A person may, where the right referred to in subsection (1) is threatened as a result of an act or omission by any person which has or is likely to breach a physical

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Time was therefore on account of those exceptional circumstances extended but the failure to deliver the judgment within 10 six months was not inconsistent with or in contravention of Articles 1 (4), 2 (L1,,3 (4) (al, L26 (2) (b) and Article 1,40 of the Constitution. Determination The second issue relates to the court's failure to expeditiously determine the Petition and in any case, within six months from the date it was filed. L5 The six months' period is derived from Section 66(2) of the Election Petitions Act which provides as follows;- "The Court of Appeol shall proceed to heor and determine on oppeol under this section within six months from the dote of filing the appeol ond for thot purpose moy suspend ony other 20 motter pending b

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While the Petitioner relied on Article 40 of the Constitution which stipulates that laws shall be enactec'l to Suarantee equal pay for equal 10 work, his petition brings into sharp focus Article 254 (1) of the same Constitution which is to the effect that a public officer shall, upon retirement, be paid such pension as is commensurate with his or her rank, salary and length of service.

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The Petitioner's Counsel submitted that economic rights are provided for and guaranteed under Article 40 of the Constitution and specifically under Article 40 (2) which provides that:

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(supra) this Court held that Section 121 of the Evidence Act, which prevented the production in evidence of unpublished official records without the consent of Head of the Department was unconstitutional as it was inconsistent with Article 41 of the Constitution which provided for a right of access to information in possession of the State and Article 2B(1) which provides for a right to fair hearing.

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Labour rights are part of the Bill of rights by virtue of Article 41 of the Constitution. Article 24 of the Constitution prohibits the limita on of a right or a fundamenta-l freedom in the Bill of rights except by law and th n only to the extent that the limitation is reasonable and justifiable in an open d democratic society based on human dignity, equality and freedom..." The court c cluded "Furth r, in addition to the inconsistencies among Section 42(1) 42(21 and 47 consid red earlier in this Judgment, we find no reasonable and justifiable cause

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to information requirement over and above those permitted under Article 41 of the Constitution. In this regard, he argues that while article 4l(2) mandates Parliament to only prescribe the classes of information that are referred to in article 4l(l) and the procedure for accessing that information, Parliament

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Article 42 of the Constitution which provides for the right to just

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20 As to whether the suspension of rules 24, l1O (5) and (6), Ill (2) and 175 (2) compromised the principles of natural justice, the various components of the right are contained in Articles 28, 42 and 44 of the Constitution. Though the framers of the Constitution focused more on the right to fair hearing in criminal trials in Article 28, the provision applies to both civil 25 and criminal proceeding and it provides as follows: 28.

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30 in accordance with the mandate it is clothed with under the Act and pursuant to Article 42 of the Constitution.

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tyhere Article 43 of the Constitution is called in aid to allow the limitation to the fundamental right, the court must er*;ir't, a.limitation analysis storting with the critJria laid down -io", mrr"ii. -enjoyment of the .

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The petitioners in the enjoyment of their right must not prejudice the fundamental rights and freedoms of others or public interest as provided for under Article 43 of the Constitution.

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one through electronic media; iv) Allowing for impolite discourse is necessary in a free and democratic society for artistic and political freedom of expression to thrive; 20 v) There is no public interest protected by the human rights violation prevented by this limitation to freedom of expression as required by Article 43 of the Constitution ; vi) The legitimate application of the limitation in Article 43 requires only minimal impairment of enjoyment of the right, strictly warranted by the 25 exceptional circumstance; vii)The impugned sections do not constitute a minimal impairment to freedom of expression warranted by any special circumstances as required by law but are rather overly broad constituting an unnecessary violation of the rights to…

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Allowing such a case to proceed and be determined would mean condemning unheard, the Attorney General and the 1,500 former workers of UEB and its successor companies to an act that is contrary to Articles 28 and 44 of the Constitution.

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Article 44 of the Constitution of the Republic of Uganda 1995 provides safeguards against the deprivation of certain fundamental rights, specifically guaranteeing that no one can be subjected to torture, cruel, inhuman or degrading treatment or punishment, slavery or servitude, and that everyone has the right to a fair hearing and an order of habeas corpus; essentially establishing these rights as "non-derogable" meaning they cannot be taken away even in emergency situations.

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To arrow such a case to proceed and be determined, 3s would mean condemning the Attorney General and the 15oo former workers of UEB and its successor companies unheard, an act that is contrary to Articles 28 and 44 of the Constitution. On this premise, I cannot therefore fault the learned Justices of the court of Appeal for upholding the striking out of HCCS No.

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They cnn be limited in the interest of the pubtic ns prooided by Article 45 of the Constitution. The ights and freedoms under the constitution must not prejudice the fundamental rights and freedoms of others or the public

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5 Apart from Article 45 of the Constitution, it should also be remembered that Uganda is a signatory to all the major human rights Conventions which require it to put in place laws and measures that prevent discrimination and perpetuate inequality.

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rejudice to article 32 of this Constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom. (6) Laws, cultures, customs or traditions which are against the digrrity, welfare or interest of women or which undermine their status, are prohibited by this Constitution." Article 45 of the Constitution provides that; "Human rights and freedoms addltional to other rights. The rights, duties, declarations ald guarantees relating to the fundamental and other human rights and freedoms specifrcally mentioned in this Chapter shall not be regarded as excluding others not specifrcally mentioned." Article 287 of the Constitution reads: "Internatlonal agreements, treaties atrd…

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The 30 other course of action available to the Petitioner if he has any cause of action would be to proceed in the High Court under the provis ions of Article 50 of the Constitution which mandates the High Court to enforce

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in the latter case of lsmail Seruqo v Kampala Gitv Gouncil & Another (supra), where a distinction was drawn between a constitutional violation that requires constitutional interpretation for its determination, and a similar violation the remedy for which lies not in constitutional interpretation but the enforcement of the infringed rights as envisaged under Article 50 of the Constitution. lt was observed (per Wambuzi, CJ):

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in the latter case of lsmail Seruqo v Kampala Gitv Gouncil & Another (supra), where a distinction was drawn between a constitutional violation that requires constitutional interpretation for its determination, and a similar violation the remedy for which lies not in constitutional interpretation but the enforcement of the infringed rights as envisaged under Article 50 of the Constitution. lt was observed (per Wambuzi, CJ):

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Article 52 of the Constitution provides that;

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He cited section 19 (2) of the Electoral Commission Act 10 which provides that no person shall be qualified to vote at an election if that person is not registered as a voter in accordance with Article 59 of the Constitution.

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He submitted that the law provides that when elections are not held at a polling station due to violence the election is to be held the next day but that this was not done. 15 Counsel added that instead results from 7 polling stations were cancelled in contravention of Article 59 of the Constitution and section 45 of the Parliamentary Elections Act.

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Illegible voters Section 19(2) of the Election Commission Act provides: "No person shall be qualified to vote at an election if that person is not registered as a voter in accordance with article 59 of the Constitution ".

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Byamugisha contented that it must be borne in mind that the Electoral Commission was set up or established under Article 60 of the Constitution to promote the principles of free and fair public elections.

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Article 60 of the Constitution establishes the Electoral Commission while Article 61 provides for its functions.

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The various paragraphs under Article 61 of the Constitution must therefore be seen as a whole and interpreted in such a manner that none of them detracts from each of the others.

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He further argued that Article 61 of the Constitution enjoins the Electoral Commission to organise only free and fair elections or referenda.

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Counsel then referred to several electoral laws in particular Articles 61 of the Constitution, Sections 12 and 18 Electoral Commission Act and Sections 2, 4, 6, 11, 12 and 28 PEA that generally set out the mandate of the Electoral Commission (hereinafter EC) to make, protect and distribute the voters' Register (hereinafter VR) and other voting material.

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Article 62 of the Constitution of Uganda states that: "subject to the provisions of this Constitution, the commission shall be independent and shall, in the performance of its functions, not be subject to the direction or control of any person or authority." The petitioner seeks to visit the acts and omissions of the Electoral Commission on the Attorney General.

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Further, counsel submitted that the second Respondent had to compile its own data to be used in the compilation or update of the National Voters Register 10 pursuant to Article 62 of the Constitution which provides that the second Respondent shall be independent in the performance of its functions.

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That the respondent was guaranteed autonomy under Article 62 of the Constitution in executing its functions and therefore it would be absurd to suggest that before issuing a circular the respondent was to consult every person that may be affected by such a circular. Counsel for the applicant rejoined that although the respondent enjoys regulatory independence and autonomy in its mandate, it did not have immunity against judicial review.

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nda for the next general elections, pursuant to the provisions of article 294 and, 63( 1) of the Constitution. (c)The Electoral Commission shall, within ten months hereof file, in the Constitutional Court, evidence of its demarcation of the boundaries of constituencies in accordance with the prescription made by Parliament pursuant to the provisions of Article 63 of the Constitution. (d)The respondents shall pay to the petitioner, half of the taxed costs of the petition." (sic) The appellants being dissatisfied with part of the judgment of the Constitutional Court filed their respective Notices of Appeal on 30rh December, 2019.

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Parliament pursuant to the provisions of Article 63 of the Constitution. (d)The respondents shall pay to the petitioner, half of the taxed costs of the petition." (sic) The applicants being dissatisfied with part of the judgment of the Constitutional Court filed their respective Notices of Appeal on 30lh December, 2019 as well as Constitutional Applications No.

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(1) Articles 3 and 63 of the Constitution shall not apply to the passing of a statute under the provisions of this Proclamations

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Article 64 of the Constitution stipulates as follows: 64.

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33, 36 of the Judicature Act and S.98 of the Civil Procedure Act which must be construed subject to Articles 61 (1) (f), 64 (1) and 139 (1) of the Constitution, We contend, that any law enacted by Parliament under Article 139 cannot exclude the unique and peculiar jurisdiction of the 3rd Respondent conferred under Articles 61 and 64 of the Constitution.

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(b) The suit is premature and incompetent for contravening Articles 61 and 64 of the Constitution, and section15 of the Electoral Commission Act which provide, respectively, powers of the Respondent to determine election complaints, and the forum to which an aggrieved person may appeal from any decision of the Respondent arising from the exercise of those powers.

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It is clear that under Article 67 of the Constitution, the Electoral Commission must be independent and not be subject to the direction or control of any person or authority in the performance of its constitutional or Statutory functions.

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Lastly Article 68 of the Constitution provides for procedure for voting and declaring results at the election or referenda.

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The 4th respondent cited Article 69 of the Constitution which is to the effect that the

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Article 69 of the Constitution provides for the 3 types of Political Systems

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(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution." Article 44 of the Constitution of Kenya, 2010 provides for the right to use the language and to participate in the cultural life of the person's choice. 47 Articles 1 and 24 of the Charter. 48 Article 69 of the Constitution of Kenya, 2010.

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