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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