THE REPUBLIC OF UGANDA
IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA
CONSTITUTIONAL PETITION NO. 016 OF 2017
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1.
UNWANTED WITNESS -UGANDA
2.
TUMUHIMBISE NORMAN................................
PETITIONERS
VERSUS
ATTORNEY GENERAL..................................................................... RESPONDENT
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CORAM:
Hon. Mr. Justice Richard Buteera, DCJ
Hon. Mr. Justice Kenneth Kakuru, JA/JCC
Hon. Lady Justice Catherine Bamugemereire B.K, JA/JCC.
Hon. Mr. Justice Christopher Madrama Izarna, JA/JCC
Hon. Lady Justice Irene Esther Mulyagonja, JA/JCC
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JUDGMENT OF JUSTICE KENNETH KAKURU, J AZ JCC
I have had the benefit of reading in draft the Judgment of my learned sister
Mulyagonja JCC. I agree with her that this petition ought to fail.
In this petition, we are required to answer the following questions.
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1. Whether the actions of blocking and shutting down social media platforms
and mobile money transfer services during the general elections of
February 2016 by the respondent was a violation of Articles 29 (1) (a), 22
(1) and 45 of the Constitution.
2. Whether the petitioners are entitled to the remedies that they sought.
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Upon the decision of Onyango Obbo and Another vs Attorney General, Supreme Court
Constitution Appeal No.2 of2002 the locus classicus on this subject, the first question
must be answered in the negative.
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