Uganda: Death penalty Supreme Court appeal

Susan Kigula and 416 others v AG: Constitutional Appeal finally heard at Uganda’s Supreme Court.

On Thursday the 3rd of July the Supreme Court of Uganda finally heard the constitutional appeal concerning the imposition of the death penalty in Uganda, three years after the constitutional court gave its original judgement on the case.

The Attorney General was appealing the court’s 2005 decision that made the following declarations (1) that the mandatory death penalty is unconstitutional and (2) that a delay on death row for more than 3 years was unconstitutional. In turn the petitioners, supported by the Foundation for Human Rights Initiative challenged in their cross-appeal the constitutional court’s decision that retained the death penalty as being constitutional and hanging as an appropriate and therefore constitutional mode of carrying out executions.

The case was heard by a panel of seven judges: Chief Justice of Uganda Bejamin Odoki, Justice John Wilson Tsekooko, Justice Joseph Mulenga, Justice George William Kanyeihamba, Justice Bart Katureebe, Lady Justice Christine Kitumba and Justice Fred Egonda-Ntende. The Attorney General was represented by Ms Angela Kiryabwire-Kanyima whilst Katende Ssempebwa and Company represented the petitioners, supported by the Foundation for Human Rights Initiative and the Death Penalty Project UK.

Also present in court were four representatives of the 417 petitioners, two men and two women including Susan Kigula, whose name headed the original petition. The case has been widely reported by a number of media houses in print and on radio and television. The judgement will be delivered on notice and will be eagerly anticipated not just by the 417 prisoners who brought the original case, but by all of the estimated 900 inmates now resident on death row.