vessels have been subjected to it yet and that the implementation has not progressed beyond the signing of the agreement. Counsel also stated that the system is limited to Uganda while non-existent in neighboring countries whose motor vehicles are guaranteed free movement in Uganda. Counsel urged the Court to find that there is a meaningful status quo to be protected pending the disposal of MC No. 225 of 2021. [10] On the ground of existence of a prima facie case with a probability of success, Counsel for the Applicant submitted that the issues in the main suit include whether the digital monitoring of motor vehicles and motorcycles on public streets using the novel ITMS in its current form infringes or threatens the fundamental rights and freedoms guaranteed under Articles 21(1), 24, 27, 38, 40(2), 43, 44(a) and 45 and whether the selection of the Russian Company M/s Joint Stock Company Global Security as the exclusive provider of the novel ITMS was done in compliance with the Public Private Partnership Act. Counsel stated that at this stage, the law requires the Court not to delve into the merits of the issues arising in the main cause and urged the Court to find that there is a triable issue in the main case that is serious and not frivolous. [11] On the ground of irreparable damage likely to ensue if the temporary injunction is not granted, Counsel for the Applicant submitted that fundamental human rights and freedoms are inherent, inalienable and not granted by the State. Further, they are sacrosanct, priceless and must be jealously safe guarded by the courts from even the threat of alleged interference, infringement or encroachment during litigation. Counsel relied on the decision in Ananias Tumukunde vs AG, Constitutional Application No. 3 of 2009. Counsel submitted that the novel ITMS threatens fundamental rights to privacy, dignity, good governance and equal access to economic opportunities as well as the right to a fair hearing. Counsel argued that irreparable damage will ensue if the ITMS is not temporarily halted as the 5

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