Case Number Consolidated Applications No. 4 & 6 of 2019 (Arising from Reference No. 6 of 2019)

On 3’· May 2019, Mr. Male H. Mabirizi Kiwanuka did file before this Court Reference No.6 of 2019, Male H. Mabirizi Kiwanuka vs. The Attorney General of the Republic of Uganda, challenging the validity of Uganda’s Constitutional (Amendment) Act No. 1 of 2018. He served the Reference upon the office of the Attorney General of Uganda on 61h May 2019. On 20th June 2019, the Attorney General’s office filed its ‘Answer to the Reference’ and subsequently filed an ‘Affidavit in Reply’ in respect of the same Reference on 21″ June 2019. Both pleadings were served upon the Mr. Mabirizi on 24th June 2019, whereupon he filed Application No.4 of 2019 that is before us presently.

Application No.4 of 2019 was instituted under Article 30 of the Treaty for the Establishment of the East African Community (‘the Treaty’), as well as Rules 21(1), 30(1), 43 and 47 of the East African Court of Justice Rules of Procedure (‘the Rules’). It inter alia sought to have the Answer to the Reference and Affidavit in Reply referred to above struck off the court record, and judgment on admission entered in favour of the Applicant therein, Mr. Mabirizi.

RespondentThe Attorney General of The Republic of Uganda
ComplainantMale H. Mabirizi Kiwanuka
Date filedMay 3, 2019
Treaty Article

First Instance Judgment

VerdictIn the result, as we did state In our Summary Ruling of 29'" October 2019, we decline the invitation extended to us to strike off the Court record either the Answer to the Reference or Affidavit in Reply In its entirety. We do, however expunge paragraph 17 from the Affidavit in Reply: disallow the prayer sought in Application No.4 of 2019 for judgment on admission in Reference No.6 of 2019, and exercise our discretion under Rule 4 of the Court's Rules of Procedure to enlarge the time within which the Answer to the Reference may be served. We do reiterate out Orders in our Ruling of 29th October 2019 that Application No.6 of 2019 is allowed and Application No.4 of 2019 is dismissed, save as decided in paragraph 6(ii) thereof that paragraph 17 of the Affidavit of Reply is expunged. Finally as we did state therein. we make no order as to costs It is so ordered.
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Date deliveredFebruary 6, 2020

Appeal Judgment

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