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Justice Kakuru: Entire Constitutional Amendment Act Was Unconstitutional

Justice Kenneth Kakuru one of the five Justices in the consolidated constitutional petition they heard in Mbale High Court in April has said that the entire constitutional amendment act was unconstitutional.

Reading his individual judgment Thursday in Mbale, Justice Kakuru said: “The Consolidated Petitions substantially succeed. The entire Amendment Act (Age limit) was unconstitutional and must be expunged from the constitution.  I hereby declare the constitutional amendments relating to the Age Limit unconstitutional.”

Like the earlier two Justices, Kakuru  equally rejected the extension of the term of Parliament and Local governments from 5 to 7 years.

He said it would set a very dangerous precedent and arm Parliament with lots of powers to even vote for the removal of Uganda and replace it with a monarchy.

“General elections have been held after every five years as provided in the Constitution and President Museveni has in all elections emerged winner,” Justice Kakuru said.

The first two Justices; Justice Cheborion Barishaki and Justice Elizabeth Musoke said removal of age limit was legal but extension of Parliament term from 5 to 7 years was unconstitutional.

Justice Remmy Kasule, who is now reading his judgment also says that the extension of MPs’ tenure from 5 to 7 years was unconstitutional.

It is now clear that extension of Parliament term by MPs from 5 to 7 years is null and void.

 

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