Anti-bride price appeal flops at Supreme Court

Mar 18, 2014

AN appeal case at the Supreme Court challenging the payment of bride price as a condition precedent to a marriage, has flopped

By Andante Okanya and Hillary Nsambu

AN appeal case at the Supreme Court challenging the payment of bride price as a condition precedent to a marriage, has flopped.

The court sitting on Tuesday with a panel of seven justices, was prompted to defer the matter to its "next convenient session", on the premise that the Attorney General's co-respondent Kenneth Kakuru, had not been notified of the court session. Kakuru, hitherto a lawyer, is now a Justice of the Court of Appeal/Constitutional Court. 

The appeal is on the prompting of the March 26, 2010 Constitutional Court decision, that upheld payment of bride price.

The Constitutional Court ruled that the activists failed to adduce scientific evidence to prove the connection between bride price and domestic violence.

The activists under lobby group Mifumi, were represented by human rights lawyer Ladislaus Rwakafuuzi. Principal state attorney Patricia Mutesi represented the Attorney General.

Mifumi contends that the bride price abolition would protect women from being turned into property. 

It is demanding a Supreme Court pronouncement that bride price does not promote inequality in marriage. 

But the respondents insist that the term ‘bride price’ differs in context among various cultures of Uganda.

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