Limitation of right of free assembly

The Petitioners challenged the constitutionality of section 8 of the Public Order Management Act (POMA), which gave the Inspector General of Government powers and discretion to prohibit gatherings and demonstrations. Petitioners argued that it violated Article 92 of the Constitution, which prohibited Parliament from passing legislation whose effect is to overturn or alter a judgment of court, because section 32(2) of the Police Act Cap 03 was declared unconstitutional in Muwanga Kivumbi Vs Attorney General and s 8 of POMA contains fundamentally similar contents.

This was a constitutional reference from a Chief Magistrates Court for determination on the alleged contravention of the freedom of association and assembly.

The applicants were charged with the offence of taking part in an unlawful assembly contrary to section 79 of the Penal Code. They all denied the charges. The 2nd and 3rd applicants were released on bail while the 1st applicant who was already in custody was detained there.

This petition challenged the night curfew published as Legal Notice No. 36 - The Public Order (State Curfew) Order, 2020 (the curfew order) under the Public Order Act, Cap. 56 (the POA). The petitioners argued that the curfew order was unconstitutional for limiting rights such as the freedom of association, freedom of assembly and right to work; and failing to provide the period of the curfew as required under section 8 of the POA.

In considering the constitutionality of the POA, the court considered, inter alia: