Uganda’s Constitutional Court has scheduled December 11 as the date for the hearing of four petitions challenging the legality of the Anti-Homosexuality Law enacted in May 2023.
The court made this decision after petitioners, including West Budama Northeast MP Fox Odoi, Uganda’s Deputy High Commissioner to South Africa Kintu Nyango, veteran journalist Andrew Mwenda, Makerere University Law professors Sylvia Tamale and Busingye Kabumba, and several civil society organizations, agreed to consolidate their petitions and 19 related applications.
Justice Geoffrey Kiryabwire, sitting as a single judge on November 28, endorsed the attorney general’s proposal to consolidate the petitions, emphasizing the need for an expedited trial.
“If we are to handle one by one, we shall finish in 2026. We need to bring the petition for trial as quickly as possible.I want to see cooperation. You are all targeting the same law and I do not see why there are four petitions. I find it necessary to see the parties and see if they are interested in the matter,” Justice Kiryabwire held.
Odoi, a former legal counsel to President Yoweri Museveni, told the court that they will go with its guidance together with other petitioners to have the matter consolidated.
“Basing on the court’s direction and on the consent of parties, all petitions should be consolidated, and parties should file the consent by Tuesday. The parties have also committed themselves not to make any amendments in the four petitions during trial or hearing,” Justice Kiryabwire observed.
The court’s decision to consolidate comes amidst concerns raised by the petitioners that the Anti-Homosexuality Act, 2023, allegedly contradicts a 2014 Constitutional Court decision that nullified a similar law. The complainants argue that the Act is inconsistent with Article 92 of the constitution, as it was passed within six days instead of the mandated 45-day period. Additionally, they claim the law lacks meaningful public participation, having been enacted on May 2, 2023.
In response, the attorney general, representing the government, asserted, “The provisions of the Anti-Homosexuality Act, 2023, are not inconsistent with or in contravention with the provisions of the Constitution, international treaties, covenants, and declarations.” The government maintains that the legislation does not alter the 2014 Constitutional Court decision, emphasizing that the prior decision was based on a lack of quorum.
Before the main petition hearing, the court will address an application by Pastor Martin Ssempa, who seeks to join the attorney general in defending the Anti-Homosexuality Law.
This legal challenge reflects ongoing debates surrounding LGBTQ rights in Uganda and the broader international context.
