constitution

Dispute over sitting Ugandan judges appointed to head prosecution arm

Is a sitting judge allowed to take a job as head of his or her country’s prosecution services? And if a court finds that it was unconstitutional for the judge to accept the second position, what is the status of the judge’s decisions as a prosecutor? These, and difficult, related questions, have been raised in Uganda, where a series of judges have been appointed to other government jobs, without first resigning from the bench.

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A women’s month win in Kenya – court finds ban on female genital mutilation constitutional

Since 2011 female genital mutilation has been illegal in Kenya – though too late for the 21 percent of girls and women in that country, aged between 15 and 49, estimated to have undergone the practice already. Though the ban was widely welcomed, and was introduced to the National Assembly as the brainchild of the cross-party Kenya Women’s Parliamentary Association, it has not been accepted by everyone. In fact, some traditionalists feel so strongly about it that they have gone to court with a claim that the law banning FGM is unconstitutional.

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At first a reader may think that the judgment in this case is some kind of practical joke. How can it possibly be, as the judges’ first lines say, that the applicant in a case testing the constitutionality of Kenya’s ban on female genital mutilation (FGM) is a ‘Dr Tatu Kamua … a medical doctor’?

Uganda’s security forces wait 24 hours before obeying court order to end opposition leader’s house arrest

Uganda’s high court has encouraged many with its ruling that opposition leader Bobi Wine should be freed from what has effectively been a period of house arrest, during which security forces outside his home refused to let anyone go in or out. Given the atmosphere of tension and fear in the country, there was keen public interest in how the court would handle a matter which so obviously involved crossing the government and acting independently.

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If there was any pressure on the court, it was not obvious.

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