Constitutional Court Convenes Special Session to Clear Petitions

The Constitutional Court has commenced a high-profile, one-day special session to hear 12 constitutional petitions. 

The initiative is part of a strategic push to expedite the determination of pending cases and significantly reduce the judiciary’s current backlog.

The session is presided over by a five-justice panel: Justice Cheborion Barishaki, Justice Oscar John Kihika, Justice Margaret Tibulya, Justice Cornelia Kakooza Sabiiti, and Justice Musa Ssekaana. 

According to the cause list issued by the Court’s Deputy Registrar, HW Jane Mugala, the session will feature a range of petitions raising critical constitutional questions.     

Among the matters set for hearing is Lufunya Derrick & Another vs Attorney General & Another, in which the petitioners challenge a directive issued by the Chief Justice on 22nd September 2023, instructing courts not to renew Letters of Administration in estates previously governed under the 1912 Buganda Succession Law.     

The Court will also hear Twinobusingye Saverino vs Robert Kabushenga & Attorney General, where the petitioner alleges that statements published by the first respondent on X (formerly Twitter) were false and offensive, and intended to undermine the coffee value addition programme, in alleged contravention of Articles 2, 40(2), and 43(1) of the Constitution.     

In Plinth Consultancy Services & Another vs Attorney General, the petitioners are challenging the administrative decision by then Principal Judge, Justice Dr. Flavian Zeija, to transfer a trial judge from the Commercial Division and reassign the matter to another judge.     

The Court will further consider Kalali Steven vs Attorney General, where the petitioner contests the constitutionality of Sections 115(1) and (3) of the Penal Code Act, arguing that the offence of indecent assault to the modesty of women is discriminatory against men.     

The petition also challenges Section 42 of the Magistrates Courts Act regarding the role of magistrates in handling complaints by private prosecutors. 

Also scheduled is a petition by FIDA Uganda (Uganda Association of Women Lawyers vs Attorney General), challenging provisions in the Health Training Institutions Rules and Regulations (2021) that require mandatory pregnancy testing and disclosure by students. 

The petitioners argue that the rules violate constitutional protections relating to dignity, privacy, and freedom from cruel, inhuman, and degrading treatment.     

In Ronald Katushabe alias Justice Hunter vs Attorney General & Electoral Commission, the petitioner challenges provisions of the Presidential Elections Act and the 2025 Presidential Elections Nomination Guidelines, arguing that nomination fees and signature requirements are excessive and limit public participation in the electoral process.       

The Court will also hear Gimbo Hajira & 2 Others vs Attorney General, where the petitioners challenge Sections 130, 131, and 207 of the Penal Code Act, which criminalise abortion.

They argue that the provisions are discriminatory and do not adequately consider circumstances such as rape, incest, mental health, or the dignity of the mother.