THE REPUBLIC OF UGANDA,
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IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA
CONSTITUTIONAL PETITION NO 016 OF 2017
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UNWANTED WITNESS UGANDA)
2. TUMUHIMBISE NORMAN).......................................................... PETITIONERS
VERSUS
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1. ATTORNEY GENERAL)
2. ELECTORAL COMMISSION).....................................................RESPONDENTS
CORAM:
HON. MR. JUSTICE RICHARD BUTEERA, DCJ
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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
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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