5
Nonetheless the petition on the face of it has to show that there is indeed a question
as to the interpretation of the Constitution. See:- Attorney General vs Major General
David Tinyefunza, Constitutional Appeal No.l of1997, Mbabaali Jude Vs Hon. Edward
Kiwanuka Ssekandi, Constitutional Petition No. 0028 of 2012, Ismael Serugo vs
Kampala City Council and Attorney General, Supreme Court Constitutional Appeal No.
10
2 ofl 998 (unreported).
Upon the reading of the petition itself and the affidavits accompanying it, I have
failed to find to any question as to the interpretation of the Constitution which has
not already been answered by this Court and the Supreme Court
I find that the petitioner does not disclose a reasonable a cause of action as a result.
15
I would accordingly strike it out on that account with no order as to costs.
Before I take leave of this matter I would like to observe that a number of NGOs and
individual citizens are bringing to this Court, well intended but poorly conceived
petitions. These petitions are shallow both in form and substance. It could be that
they are encouraged by past success of public interest cases at this Court or by the
20
fact that this Court has adopted an unwritten rule of not condemning unsuccessful
petitioners to costs.
Whatever the case, there is serious need to ensure that only deserving petitions are
heard. This Court in my view should proceed to strike out unfounded petitions
summarily and only proceed to hear and determine deserving ones.
25
Dated at Kampala this
day of
.... 2021.
Kenneth Kakuru
JUSTICE OF APPEAL/CONSTITUTIONAL COURT
30
3 | Page