Terminate proceedings linked to nullified provisions of Computer Misuse law — AG Kiryowa

KAMPALA - People who have been facing trial over charges emanating from the nullified provisions of the Computer Misuse (Amendment) Act of 2023 are set to be freed if no fresh charges are slapped on them.

These include lawyer Hassan Male Mabirizi, who is charged with two counts of malicious information and hate speech for referring to Chief Justice Dr Flavian Zeija and Justice of the Court of Appeal Musa Ssekaana as corrupt without adducing any evidence.

Latest reports indicate that Attorney General Kiryowa Kiwanuka has ruled out an appeal to the Supreme Court but instead recommended that the law should be set back to Parliament for proper enactment.

In a letter dated March 18, 2026, Kiryowa said he will not appeal against the judgment of the Constitutional Court, and he instead advised that all criminal proceedings emanating from the nullified provisions of the law should be terminated.

“The import of the orders of the Constitutional Court is that the enactment of the Computer Misuse (Amendment) Act was done without compliance with Rule 24 (now 25) of the Rules of Procedure of Parliament. The impugned provisions were thus null and void. So, all criminal proceedings emanating from the impugned provisions should be terminated,” Kiryowa said.

Kiryowa also said no arrests should be made based on the impugned provisions.

However, he guided that persons already convicted on charges arising out of the said provisions and are serving sentences are unaffected by the decision of the Constitutional Court.

Kiryowa, however, said only the provisions that were declared null and void by the Constitutional Court are the ones that are unenforceable, emphasising that the rest remain enforceable under the law.

On March 17, 2026, the Constitutional Court declared sections 11, 23, 26, 27, 28 and 29 of the Computer Misuse (Amendment Act) 2023 null and void, having been passed into law without the requisite quorum.

Five justices of the court led by Irene Mulyagonja, unanimously said the Parliament passed the law without complying with rule 24(3) of the Rules of Procedure of Parliament.

This, the justices said, is inconsistent with Articles 88 and 89 of the Constitution, rendering the said amendment to the Computer Misuse Amendment Act of 2023 null and void.

“The provisions of the Computer Misuse Act, 2023 edition are therefore null and void because they were enacted without following the law,” Justice Mulyagonja, who wrote the judgment, noted.

Other justices are Esta Nambayo, Mike Musisi, Ketra Katunguka and Jesse Byaruhanga.
The judgment stemmed from three consolidated constitutional petitions in which the petitioners challenged the law.

These included Uganda Law Society (ULS), Editors Guild, Human Rights Network for Journalists (HRNJ), Chapter Four Uganda, Collaboration on International ICT Policy for Eastern and Southern Africa, Centre for Constitutional Governance and Strategic Response International.

Others include African Centre for Media Excellence, Alternative Digital Limited, and the ex-Leader of Opposition in Parliament, Winnie Kiiza, among other activists.

Furthermore, the justices declared section 162 of the Penal Code Act, which creates the offence of libel as unconstitutional for being vague and ambiguous.

The justices said that section 162 of the Penal Code Act, being vague and ambiguous, it contravenes the provisions of Article 19(3) of the International Covenant on Civil and Political Rights (ICCPR) and objective 28(I)(b) of the National Objectives and Directive Principles of State Policy in the Constitution.

Additionally, the justices said section 162 of the Penal Code Act also contravenes Article 9 of the African Charter on Human and People’s Rights while section 163 of the Penal Code Act that defines defamation does not meet the standard of the law that is required by Article 9(2) of the charter and it is therefore also null and void as it is inconsistent with the law.

The court therefore issued a permanent injunction restraining the Government and all its agencies and officials from enforcing the provisions of the Computer Misuse Amendment Act and section 162 of the Penal Code Act, respectively.

Engineered by Kampala Central MP Muhammad Nsereko, the Act was passed into law by Parliament on September 8, 2022. President Yoweri Museveni assented to it on October 14, 2022.  Consequently, the petitioners challenged it in court.

They argued that the law was not only passed without the requisite quorum but also contravened the constitution and several international laws.

They contended that Parliament passed the Bill into law without ascertaining that there was a requisite quorum before the MPs voted on each clause of the Bill.

Since the court delivered the judgment, magistrates' courts have been reluctant to terminate the proceedings, awaiting the guidance of the Attorney General.