Coming up for Delivery of Judgment: on the 25th day of March 2026.
Filed: on 11th day of August, 2020.
Under Articles: 23(1),27(1) & 30(1) of the Treaty for Establishment of East African Community.
Under Rules: 25(1) of the East African Court of Justice Rules of The Court, 2019.
Subject matter: The process and contents of Uganda Administration of the Judiciary Act, 2020 assented to by the President
Summary:
This reference was brought by the Applicant against the Respondent on grounds that the Uganda Administration of the Judiciary Act,2020 was passed without quorum in Uganda Parliament,
Applicant states that it does not make commonsense for a Country to spend on retired public servant under Judiciary as if he or she is still active.
The condition grant of retirement benefits to a resigning judicial officer to written consent of the President or judicial service commission thereby undermining the principle of separation of powers and independence of the Judiciary whereby a Judge is entitled from retirement benefits simple because the President or the judicial service commission, whom he/she may have ruled against have not consented and retirement benefit to surviving spouse or spouses and dependent children of the deceased judicial official officer for 15 years which defeats the principles of good governance, equality before the law and common sense.
Uganda Parliament passing of 1.8 trillion supplementary budget without quorum and debate.
The Uganda Minister of Justice &Constitutional Affairs making and Uganda Parliament`s approval of Republic of Uganda`s political Parties and organisations (Conduct meetings and Elections) Regulations,2020.
Uganda creation of cabinet and parliament`s approval of 46 new constituencies without quorum and debate and without suspension of Parliamentary Rules of Procedure requiring debate and contrary Article 63(2) of Uganda Constitution which requires demarcation to be made by the Electoral Commission. For the boundaries of the constituencies.
The Applicant further states that the initiation of retirement process, the recruitment process, appointment and assumption of office, in respect of the Kampala City Authority by Uganda`s President without the advice of the public service commission the said persons having applied for those jobs and/or competed for the same and in contravention of the constitution of the republic of Uganda.
The Applicant contends that the decisions of the Parliament of Uganda and the President through assent, to alter composition of Parliament as stated in the constitution, by creating the 5 seats for elderly persons through passing of the Parliamentary elections (Amendment)Bill,2020 without quorum, public participation any debate and any Bill for Amendment to constitution.
Applicant prays for the following orders and declarations;
The Applicants prays to Court to issue Orders annulling the Uganda Administration of the Judiciary Act,2020, a decision of Uganda Parliament to pass 1.8 Trillion Uganda Shillings supplementary budget,2020, Uganda political parties and organisations,2020, nullify all the political parties candidates/flag bearers generated pursuant to the regulations, and nullify election into offices of the offices of the President, member of Parliament of local Government, the Kampala Capital City Authority appointees to be nullified, if any or of any person sponsored by a political party or organization pursuant to the impugned regulations.
Additionally, Applicant prays for orders for permanent injunction restraining Uganda Government from implementing the Uganda Judiciary Administration of the Judiciary Act,2020.
This honourable Court to put a permanent injunction restraining any individual elected to represent the constituencies formed without demarcations to be nullified.
Applicant in this reference further prays that a general damages to the Applicant due to disturbance and anguish caused to the Applicant arising out of the actions, decisions and directives complained against in this reference.
Finally, the Applicant prays for award an interest of 6%per annum on the general damages and costs awarded to the Applicant from the time of filing this reference till payment in full.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org