Appeal No. 7 of 2020 Male H. Mabirizi K. Kiwanuka vs The Attorney General of the Republic of Uganda

Coming up for hearing: 15th February 2022.

Appeal filed: on 19th October 2020.

Rule: 97(3) of the East African Court of Justice Rules of Procedure, 2019.

Subject matter:  Amendment of Uganda Constitution and/or removal of age limit provision.

The Appellant, Male H. Mabirizi K. Kiwanuka appeals against part of the Judgement of the First Instance Division in Reference No. 6 of 2019 Male H. Mabirizi K. Kiwanuka vs The Attorney General of the Republic of Uganda on grounds of procedural irregularities, lack of jurisdiction and errors of law. Appellant proposed to ask the Court to allow the appeal, remit the Reference back to the First Instance Division for expeditious hearing in compliance with fair hearing principles and all procedural safeguards. Alternatively, remit for determination of matters not earlier determined, appellant be granted general damages for inconvenience and costs with interest.

In Reference No. 6 of 2019, the Appellant unsuccessfully prayed inter alia for the following;

  1. Declarations that several actions, directives and/or decisions of all the three organs of Government and State of the Republic of Uganda in conceptualizing, processing, pursuing and upholding of the Uganda Constitution (Amendment) Act 2018 are unlawful and/or are an infringement of the provisions of the Treaty for the Establishment of the East African Community, particularly, the actions of;
  2. Curtailing and undermining Uganda citizens’ participation in their constitutional amendment process.
  3. Securing an amendment of the Constitution through violence and/or threat.
  4. Not complying with strict procedures contained in the Uganda Constitution, Act of Parliament and Rules of Procedure of Parliament.
  5. Flouting the strict pre-assent mandatory conditions and procedures.
  6. An order annulling the Republic of Uganda Constitution (Amendment) Act 2018 on account of being conceptualized, initiated, processed, enacted and assented to in contravention of the fundamental and operational principles of the East African Community.
  • A permanent injunction against the Government and State of the Republic of Uganda from implementing the Constitution (Amendment) Act 2018 on account of being conceptualized, initiated, processed, enacted and assented to in contravention of the fundamental and operational principles of the East African Community.
  1. General damages to the Applicant plus costs and interest thereof, of 25% per annum from the time of filing the Reference till payment in full.

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