Kalali contests Section 115 of the Penal Code Act, which criminalizes indecent assaults and insulting the modesty of a woman or girl, punishable by 14 years or 1-year imprisonment, respectively.
He said that some individuals have held these positions for an extended period without affording others the opportunity, which contradicts principles of good governance, the rule of law, and transparency.
In his lawsuit filed on July 10th, 2023, Kalali asserts that the ULS leadership has been selectively appointing representatives to various statutory bodies since 2016, contrary to the governing Act and election regulations.
According to the petitioner, the Chief Justice by putting in place such guidelines irregularly and unlawfully exercised legislative powers to amend the Magistrates Court Act, Trial Indictments Act and the Constitution.
Chapter Four Uganda’s Nicholas Opiyo says that by Mabirizi’s behavior alone, he is narrowing the court's tolerance of public interest litigation and hopes that courts can move beyond the single litigant irritation to uphold the expansive realm of public interest suits in the constitution in matters of human rights enforcement.
Kalali, bitter that his signature was forged to mislead court that he had reached agreement with the EC, now wants court to set aside the contentious order such that prisoners can go ahead and vote in 2021 general elections
On Tuesday while making submissions before the Judges, the Senior State Attorney representing Rwanda Nicholas Ntarugera asked the court for more time to file additional affidavits having failed to meet the deadline that had been given to them.
The Deputy Registrar of the High Court Civil Division, Sarah Langa dismissed the application this morning on grounds that the applicant, Steven Kalali ought not to use the application as a short cut to justice for his delayed suit pending judgment, which is illegal.
Langa has explained that the matter before her was interim application for injunction and seeks to restore fundamental inherent human rights which doesn't fall in the ambit of section 15 of the electoral commission’s Act which the commission had relied on to seek dismissal.
Kalali argues that ever since the inception of the Constitution in 1995, Uganda has had five general elections five excluding citizens in the diaspora and prison inmates.
Section 19 of the Electoral Commission Act states that any person who is a citizen of Uganda and is above 18 years shall apply to be registered as a voter in a parish or where he or she resides in as far as the Constitution is concerned. The law is silent on Ugandans in the diaspora and those in prison
The panel comprises of Justice Monica Mugenyi, the Principal Judge of the East African Court of Justice, Deputy Principle Judge Dr Faustin Ntezilyayo and Justice Charles Nyachae. They will hear the petition on November 11th.
For the third time, judgement on the matter is pushed ahead, even after the conclusion of the case submission in December 2018. A decision which was initially expected in June was then pushed to today, September 27, 2019. It will now remain pending until March 13, 2020.
