Introduction

This Petition is brought under Article 137 (1), (2), (3) and (4) of the 1995 Constitution of Uganda and the Constitution Court (Petition and Reference) Rules 2005, Statutory Instrument No.91 of 2005.

Background

The petition (CEPIL) is aggrieved by the various occasions between 2016 and 2019, security agencies have consistently re-arrested accused persons on Court premises shortly after they have been granted bail, unconditionally released or acquitted by the courts of law. These occasions have become numerous and continue unabated despite outcries and protests from various sections of Uganda Society including the Judiciary, the Uganda Human Rights Commission, the Uganda Law Society, members of civil society and the general public.

The most recent of these incidents was on the 11th September 2019 when an advocate and officer of the Court, Mr James Mubiru, who was representing accused persons charged with the murder of the former AIGP Felix Kaweesi was violently arrested alongside his clients as they existed the court premises at the International Crimes Division of the High Court in Kololo after the latter had been granted bail.

It is against the fore-mentioned background that the petitioner bring this petition in public interest and contends that, the actions of re-arrest of bailed suspects from court premises by security agencies under the guise of law enforcement, the 2nd Respondent’s action of charging bailed suspects violates and/or contravenes the various provisions of the 1995 Constitution of Uganda.

The Petitioner further contends that the actions of the 1st and 2nd Respondents are in violations of Article 2(1), 23 (6) (a) and (b), 24, 28(1) and (3) (a), 44 (a), 120, 128 (2) and (3) and 221 of the 1995 Constitution of Uganda. It is therefore the Petitioner’s plea to the Honorable Court be to grant prayed declarations, orders and interdicts in the petition.