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Govt sued again over anti-gay law as no. of petitioners rises to 19

Attorney General Kiryowa Kiwanuka

Attorney General Kiryowa Kiwanuka

The number of petitioners that have sued the government over the Anti-Homosexuality Act has now reached 19. 

Lawyer Robert Rutaro from Elgon and Company Advocates is the latest petitioner who dragged the attorney general to the Constitutional court over the same controversial law. 

The law which targets lesbian, gay, bisexual, transgender and queer people, among others, imposes capital punishments for same-sex relations and engaging children below 18 years into homosexuality. A death penalty now awaits those found guilty of aggravated homosexuality and a 20-year jail term for those promoting” homosexuality.

Rutaro argues that a law targeting a particular section of society; the sexual minorities is null and void for being discriminative. He is also challenging the death penalty and fines provided for the offence of aggravated homosexuality under the law. 

He says that the punishments are harsh, excessive, high handed and unconstitutional. Rutaro adds that section 6 of the Anti-Homosexuality Act violates the adult person's right to freedom of choice and liberties protected under the Constitution. He now wants the Constitutional court to nullify the sections and award him the costs of the petition and any other reliefs that the court finds worthy.

In his petition, Rutaro has sued the attorney general as the only respondent and indicates that he will be represented by lawyers from Harimwomugasho and Anita Advocates (AHA Advocates) during the hearing of this petition.

Rutaro's petition is the third against the Act which was assented to by President Yoweri Museveni on May 26. The first petition against the same law was filed by eight activists on May 29, and a CSO, Human Rights Awareness and Promotion Forum (HRAPF) through its executive director Dr Adrian Jjuuko.

A day later, six LGBTIQ activists filed a second petition together with journalist Andrew Mwenda, and two legislators Fox Odoi Oywelowo and Paul Buchyana Kwizera.

Attorney general Kiryowa Kiwanuka has not yet made any defence to the three petitions filed against the government for which he is the official legal representative.

In 2014 the Constitutional court struck down the Anti-Homosexuality Act on procedural grounds after finding that the parliament had passed it without the required quorum.

Prior to the nullification, some Western governments had suspended some aid, imposed visa restrictions and curtailed security cooperation with the Museveni-led government.


0 #1 jose 2023-06-06 08:52
its the same game m7 plays
who is surprised
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0 #2 Lakwena 2023-06-06 09:23
But how can confused, mentally sick human being sic wrongdoers, labeled as "lesbian, gay, bisexual, transgender" be categorized as human beings of a particular section of society?

In other words, who in his/her right state of mind can still deny that; the Andrew Mwenda and Robert Rutaro of this country are Human Wrong Activists?
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0 #3 Lakwena 2023-06-06 10:18
Uganda will not be the first to condemn unto death, those who engage in abominable and/or detestable unnatural sexual relationship.

E..g. in the Old Testament Leviticus 18:22 says: "`Do not lie with a man as one lies with a woman; that is detestable". And the penalty is the Death Sentence.

Otherwise,who in his/her right state of mind does not know the difference between and functions of the virg..na and anus?

In other words, the Robert Rutaro and Andrew Mwenda of this country must de-subscribe from being Christians (self-excommunicate) and be sent to a mental institution like the only Butabika Psychiatric Hospital.
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0 #4 WADADA rogers 2023-06-06 10:28
The majority of the petitioners are playing safe for accountability reasons while the rest are playing double standards.

The remaining few are part of the conspiracy, they have instructions from the powers that be to ensure the prepare well enough, the law wont survive, am sure there is a small lacuna that they intend to exploit to get the law dust binned.
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-2 #5 Junior 2023-06-06 15:32
To sustain a discrimination lawsuit as a constitutional matter, the petitioner or person challenging an Act of parliament/statute and or governmental conduct as being discriminatory, must belong to any of the protected groups or classes under Article 21 (2) of the Constitution. Is sexual preference and related discrimination based on a person’s sexual orientation a protected group under Article 21(2)?

Secondly, did the framers of our Constitution and from our nation’s history and traditions from our first constitution in 1962, did they have in mind LGBTQ or gay sex as a form of “sexual minorities” or as a protected group under Article 21(2)?

Same sex marriages were recognized was argued as a marriage equality (right to choose) and privacy concern as constitutional matters.

Petitioners are asking our constitutional court to become judicial legislators by making law than interpreting existing law. No law in UG favors gay sex or gay marriages! Period! Until parliament makes one!
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-1 #6 Mubiru 2023-06-06 18:51
UGANDA is Purgatory on earth where corruption and stealing are sources of income. Many of these copy cats lawyers some of whom may even be unqualified
are a disgrace.

Those should be struck off LAWYERS list for bringing the profession into disrepute by promoting foreign decadence.

Due to corruption which a prominent judge just exposed it may surprise no body if those appealing to courts including loud mouthed apologists are bank rolled by habitual foreign homosexuals and lesbians with millions to inject the cancerous foreign disease into Ugandans.

Then you have Transgender creatures offended to be called men or women. Ugandans don't pretend. We know that being a woman is a biological fact not a fiction and that a woman's under parts are 100% VAGINA and the man's are 100% PENIS.

Its not coincidental that British Labour leader Starmer finds (pretends) it difficult to define a man or woman. AG Kiryowa tell courts that foreigners can't impose their filthy acts here
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