Attorney General Orders Halt to Prosecutions Under Nullified Computer Misuse Act Provisions

Attorney General Kiryowa Kiwanuka has issued a directive to key justice and law enforcement agencies, including the Director of Public Prosecutions, Criminal Investigations Directorate, and Inspector General of Police, to immediately cease arrests and prosecutions relying on provisions nullified by the Constitutional Court.

In a letter dated March 18, Kiwanuka emphasized that sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act, 2023 Edition, along with section 162 of the Penal Code Act, are no longer enforceable. He mandated the termination of all ongoing criminal proceedings based on these sections and barred any new arrests under them.

The move follows a unanimous Constitutional Court ruling last week, led by Justice Irene Mulyagonja, which declared the provisions unconstitutional due to parliamentary quorum failures during the law’s passage. Affected sections include those on unauthorized access, sharing child information without consent, ridiculing content, malicious information, and social media misuse, as well as criminal libel.

Kiwanuka advised against appealing the decision and suggested Parliament revisit the issues constitutionally. He clarified that the rest of the Act remains valid and that those already convicted under the struck-down provisions must serve their sentences.

High-profile cases likely to benefit include those against lawyer Hassan Male Mabirizi, social media user Ibrahim Musana, and Emmanuel Nabugodi. The Uganda Law Society has criticized delays in releasing Mabirizi, with lawyers petitioning the Acting Chief Registrar over a chief magistrate’s alleged non-compliance.

Source: Daily Monitor (Uganda)