JUDICIARY Latest Features

Constitutional Court Nullifies Interim Orders

Kampala: The Constitutional Court on February 23, 2017, declared null and void all interim orders it previously issued, saying they were made in contravention of the constitution. The land mark decision was delivered by three Hon. Justices of the Court; Hon.Justice Kenneth Kakuru, Hon. Justice Fredrick Egonda Ntende and Hon. Lady Justice Elizabeth Musoke.

The ruling was unanimous and also affects all interim orders that are still being enforced. The three justices declared that all the interim orders by the court were issued contrary to provisions of Article 137 (2) of the Constitution. The article requires that applications for interim orders in the Constitutional Court be heard and decided by a full coram (panel) of five justices, not one justice as has been the practice.

"All interim orders issued by a single justice of the Constitutional Court which are still in force are null and void and of no effect," Hon. Justice Kakuru declared in the unanimous judgment. "Any interim or substantive orders of the injunction issued by a coram of three justices of the constitutional court which are still in force are null and void and of no effect," he added.

The full ruling can be found here

This story was published in the daily monitor on February 24, 2017

Posted 24th, February 2017
  • Share