Breaking News: Constitutional Court declines to nullify the Anti-Homosexuality Act 2023, Mwenda Fumes.

“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety neither would we grant a permanent injunction against its enforcement.” - Justice Richard Buteera

Parliament last year passed the Anti-Homosexuality Bill 2023 and president Museveni signed it into bill in May 2023. Upon signing it into law, it’s implementation took immediate effect.

Like they did in 2014, veteran journalist Andrew Mwenda, Fox Odoi, Prof Sylvia Tamale, Dr Busingye Kabumba, Solome Nakaweesi, Dr Fank Mugisha, Kasha Jackeline Nabagesera, Richard Smith Lusimbo, Eric Ndaula, Williams Apako and the Human Rights Awareness and promotion forum petitioned the constitutional court to overturn the Anti Homosexuality Act 2023.

These contend that same sex intercourse between two consenting adults shouldn’t be a crime. They are also against the heavy fines, tough punishments including life imprisonment and death penalty which come with come with the Anti-Homosexuality Act 2024.

The controversial petition which was filed by Andrew Mwenda and others against the Attorney General on 29th May 2023 as the Key respondent on behalf of government was heard on 18th December by five justices led by Deputy Chief Justice Richard Butera, Geofrey Kiryabwire, Muzamiru Kibeesi, Monica Mugenyi and Christopher Gashirabake who heard the evidence and arguments presented to them and promised to give their verdict.

The justices of the Constitutional Court have today in a judgement read by the Deputy Chief Justice Richard Butera unanimously dismissed Andrew Mwenda and group’s petition and declined to nullify the Anti-Homosexuality Act 2023. The justices have ruled that the Anti-Homosexuality Act 2023 does not violate the right to practice and profession.

Andre Mwenda's Response on the Ruling:- 

We are now done with the constitutional court where we secured a small partial victory but a victory nonetheless. The court struck down a few provisions of the AHA but left most of law intact. This is very disappointing and we are going to appeal to the Supreme Court!

I am disappointed by our justices for failing to stand above our cultural prejudice and bigotry and make history for Africa and for humanity. Instead, like the politicians, they relied on public sentiments and rumors, instead of the constitution, to make their judgment.

The judges claimed the AHA was made to stop recruitment of kids into homosexuality. The defense did not present any evidence of recruitment . Govt has ISO, CMI, Crime Intelligence, CIID etc. Not one person has ever been arrested for recruitment by these agencies.


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