In his affidavit in support sworn on 24th April 2017, Ochen Dickson
Ojackol averred that the shutting down of mobile money services
prevented him from sending money to his mother to access medical
care. That the condition of the mother deteriorated because he could
5
not send her money and he too suffered mental and psychological
anguish. Okure Nathan who swore his affidavit in support of the
petition on 24th April 2017, stated that he suffered a similar fate.
In answer to the petition, the respondent raised the objection that the
petition did not raise any questions for constitutional interpretation.
10
But in answer to the substance of the petition, the respondent stated
that the blocking and shutting down of social media during the
Presidential, Parliamentary and Local Council Elections in 2016 did not
contravene or violate Articles 29 (1) (a), 22 (1) and 45 of the Constitution.
Neither did it contravene the same provisions during the inauguration
15
of the President-elect.
The respondent further stated that suspension of social media was on
of national
account
security
and
in
the
public
interest which
necessitated the immediate suspension of the services to secure peace
and order. That the suspension was done in good faith and for proposes
20
of securing the country against the reasonably suspected risk of
incitement of violence by publishing unregulated content on social
media.
Finally, that this is permissible under Article 43
of the
Constitution.
Representation
25
At the hearing of the petition, Mr. Kwemara Kafuzi and Ms. Stella
Nakamya
represented
the
1st
petitioner.
The
respondent
was
represented by Mr Oburu Odoi, Principal State Attorney in the Attorney
General’s Chambers. No one appeared on behalf of the 2nd respondent
and he was absent.
4