A group of 11 activists, including Andrew Mwenda and Member of Parliament Fox Odoi, have filed a petition with the Constitutional Court challenging the recently passed Anti-Homosexuality Act of 2023, which was signed into law by President Yoweri Museveni on Monday.
The petitioners consist of prominent individuals such as Professor Sylvia Tamale, Dr. Busingye Kabumba, Solome Nakaweesi Kimbugwe, and Dr. Frank Mugisha, among others. They argue that the new law fails to meet the required procedural standards due to the absence of public voices and participation.
The petitioners, represented by a legal team led by Dr. Adrian Jjuuko, contend that the enactment of the Anti-Homosexuality Act in May 2023, without sufficient public participation, violates the Constitution’s national objectives and principles of state policy.
Additionally, they claim that the Speaker’s conduct during the readings of the Bill on March 21, 2023, exhibited bias and therefore infringed upon constitutional principles.
The petitioners further argue that criminalizing the act of allowing, leasing or subleasing premises for homosexual activities or activities encouraging homosexuality is inconsistent and violates the principle of legality.
The petition seeks to have the entire Act nullified, citing its passage and enactment as a breach of parliamentary procedure. Alternatively, they request specific sections of the Act to be declared null and void.
Furthermore, the petitioners are seeking a permanent injunction that would prevent the Attorney General, the sole respondent in this case, and any government agents from implementing the Act’s provisions.
The Constitutional Court Justices will hear the case once the Attorney General has been summoned to file a defense.
It is worth noting that in 2014, the Constitutional Court invalidated the previous Anti-Homosexuality Act due to procedural irregularities, as Parliament had passed it without the required quorum.