East African Court of Justice dismisses homosexuality case

Friday September 30 2016


By Anthony Wesaka

KAMPALA. The Arusha-based East African Court of Justice has thrown out a case in which a Uganda civil society group had originally challenged the Anti-Homosexuality Act 2014 as being contrary to the rule of law and good governance.

While dismissing the case, a panel of three judges led by Uganda justice, Monica Mugenyi, held that the regional court could not pronounce itself on the matter where there were no disputes since the Anti-Homosexuality Act 2014 had been annulled by the Constitutional Court in Uganda.
“In the result, faced with a reference that is devoid of the sufficient proof of the public importance of its subject matter and recognition of the legislative function of the legislature vis a vis the role of courts, we are unable to exercise our judicial to adjudicate on a matter that is moot and hypothetical. We so hold...” ruled the justices.

The court also observed that the amendment made by Human Rights Awareness and Promotion Forum (HRAPF), the Ugandan civil society group that sued the Attorney General (AG) was irregularly done as the latter did not consent to the introduction of new facts into the matter.
HRAPF had amended the suit after the Constitutional Court had on August 1, 2014 annulled the Anti-Homosexuality.
The civil society organization had filed the matter in the regional court shortly after the Bill had been passed into law in early 2014.