Panel of Six Constitutional Court judges led by Lady Justice Irene Mulyagonja has Thursday Morning allowed consolidation of the two applications challenging the amended Computer Misuse Act 2022 commonly known as the Nsereko Bill (Act).
The two consolidated applications are 34 of 2022 of Alternative Digitalk and 12 others, and 37 of 2022 filed by the Human Rights Network for journalists and thirteen others.
The consolidation was as a result of the parties from both applications agreeing the move, before interfacing the panel.
While allowing the application, Justice Mulyagonja noted that, where as most of the challenged sections of the amendments seem to be similar, but application number 34 of 2022 by Alternative Digitalk Ltd and 12 others has some uniqueness which have to be considered while handling the consolidation.
Justices noted that much as there are some uniqueness but they couldn’t decline petitioners’ prayers since Attorney General hadn’t objected the prayers sought.
File photo of the petitioners.
After allowing the consolidation application, the panel issued conferencing timelines, upon the Attorney General represented by Counsel Nabasa Charity, the Senior State Attorney asking for some days to amend the response to match the revised editions of the laws.
Judges have issued May 12, 2025, as the submission date to serve court with the said amended revised editions and May 20 for the rejoinders, if any, by the petitioners.
The Justices further informed petitioners that, the ruling shall be made on notice.
The panel of judges is led by Lady Justice Irene Mulyagonja, Lady Justice Ketrah Kitariisibwa, justice John Mike Musisi, justice Byaruhanga Jesse Rugyema, and Lady Justice Esta Nambayo.
The petitioners’ legal team included, among others, Eron Kizza, George Musisi, Peter Arinaitwe, Kakuru Tumusiime, Aboneka Michael, and Henry Byansi.
A group photo of some of the petitioners.
Among the notable petitioners present in court included Hon. Winne Kizza, former Leader of Opposition,Mukose Arnold Anthony Programmes Director at Alternative Digitalk, Namirembe Angella, lawyer and activist, Esomu Simon Peter, Advocate.
Petition 34 of 2022 has 13 petitioners, namely, Alternative Digitalk Ltd a Note-for Profitdgital Media Platform, Norman Tumuhimbise – Activist and Lawyer, Team Leader at Digitalk, Mukose Arnold Anthony ,Programmes Director , Bikobere Farida, Mukiibi Jeremiah, Tumusiime Kato, Luwedde Lilian, Tulyahabwe Rogers, Nabukeera Teangel Teddy all employees at Digitalk.
Namirembe Angellah, Odur Anthony and Esomu Simon Peter, activists and Advocates to make up the petition.
A section of lawyers and petitioners at the Constitutional Court on Thursday May 08, 2025
It should be recalled that in October 2023, President Yoweri Museveni signed into law the Computer Misuse (Amendment) Bill, 2022, which was passed by parliament.
Sponsored by a private member, the Kampala Central MP Muhammad Nsereko, the law makes it a crime to write, send or share hateful, unsolicited, misleading, or malicious information online which petitioners believe is unconstitutional and violates fundamental human rights like freedom of speech and expression.
”The law is vague and ambiguous, if you say unsolicited information what do you mean. The phrase unsolicited is vague because you can’t define a certainty” Mukose Arnold Anthony, one of the petitioners said.
”I can’t just look on as you try to close my mouth to speak against injustice, against corruption agents in government and politicians, broad day thuggery of our resources, we shall continue to fight, and like we said earlier during the filing, we are ready to break this law and call upon other Ugandans to do the same” Mukose added.
By our Court Reporter.