THE REPUBLIC OF UGANDA, 5 IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA CONSTITUTIONAL PETITION NO 016 OF 2017 1. UNWANTED WITNESS UGANDA) 2. TUMUHIMBISE NORMAN).......................................................... PETITIONERS VERSUS 10 1. ATTORNEY GENERAL) 2. ELECTORAL COMMISSION).....................................................RESPONDENTS CORAM: HON. MR. JUSTICE RICHARD BUTEERA, DCJ 15 HON. MR. JUSTICE KENNETH KAKURU, JCC HON. LADY JUSTICE CATHERINE BAMUGEMEREIRE, JCC HON. MR. JUSTICE CHRISTOPHER MADRAMA, JCC HON. LADY JUSTICE IRENE ESTHER MULAYGONJA, JCC JUDGMENT OF JUSTICE CHRISTOPHER MADRAMA, JCC 20 25 30 I have had the benefit of reading in draft the judgment of my learned sister Hon. Lady Justice Irene Mulyagonja, JCC and I agree with her that this court should not exercise jurisdiction in this Petition. I would only add a few words of my own on the question of the jurisdiction of the Constitutional Court. The Constitutional Court is a court of interpretation and its jurisdiction is determined by the words of Article 137 (1) of the Constitution. Article 137 (1) clearly provides that “any question as to the interpretation of this constitution shall be determined by the Court of Appeal sitting as a Constitutional Court. ” It is therefore material that what should be lodged for determination of the Constitutional Court is a question as to the interpretation of the constitution." In that context, it has to be a controversy as to interpretation of the Constitution rather than a case for construction of an article of the Constitution and for enforcement. For instance, other i

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