The Attorney General has written to the Court of Appeal Registrar requiring him to provide proceedings in the Judgement to help him formulate grounds of appeal.
Justice Kenneth Kakuru was Part of the Panel that has nullified Section 8 of POMA Act
The Attorney General has filed a notice of appeal challenging the recent Constitutional
Court ruling on the Public Order Management Act- POMA.
The ruling delivered on March 26 nullified section 8 of POMA which gave
Police discretionary powers to the Inspector General of Police who in turn can
delegate or authorize any other officer to stop or prevent the holding of
However, in the notice of appeal, the Attorney General says that he is
dissatisfied with the Judgement of Cheborion Barishaki, Geoffrey Kiryabwire,
Elizabeth Musoke and Justice Kenneth Kakuru.
The Judges were part of the panel that also included Justice
Stephen Musota who disagreed with the majority decision.
The Attorney General has written to the Court of Appeal Registrar requiring him
to provide proceedings in the Judgement to help him formulate grounds of
“The purpose of this letter is to request you to provide a certified copy of
the record of proceedings and Judgement in the Constitutional Petition number
56 of 2013 to facilitate the conduct of the Appeal”, reads the letter written
by Moses Mugisha on behalf of the Attorney General.
Last month , a Judgement of four Constitutional Court Judges against one
nullified section 8 of the POMA citing that it violated the constitutional
freedom of assembly and the right to demonstrate peacefully and unarmed.
The Judges also argued that parliament had passed the said law in total
disregard of article 92 of the constitution which says that they shall not pass
any law that may alter any decision or judgement of court.
In their view, the Judges ruled that the said section in the POMA was made
clearly as a rebirth of section 32 of the Police Act which had earlier been
nullified following the 2008 petition by the Butambala County MP Muwanga
The Constitutional Court decision stemmed from a successful petition filed on
December 10th 2013 by five human rights activists including individuals and Civil
They included Human Rights Network Uganda, the Development Network of
Indigenous Voluntary Associations –DENIVA, the Uganda Association of Female
Lawyers FIDA, Member of Parliament Muwanga Kivumbi and Bishop Zac Niringiye.
The petitioners had challenged the constitutionality of various provisions of
the POMA Act but they later on June 27th 2016 filed an amended petition on
which they only zeroed on section 8 of the same act.