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Five Constitutional court judges have dismissed an application by Dr. Kiiza Besigye asking court to nullify the offense of unlawful assembly in the penal code Act.

The judge’s including Kenneth Kakuru, Cheborion Barishaki, Elizabeth Musoke, Steven Musota and Geoffrey Kiryabwire delivered its verdict yesterday.

On July, 7th, 2011, Besigye through his lawyers from A. F Mpanga petitioned the Constitutional court to scrap the offense of unlawful assembly from the Penal Code Act on grounds that it was unconstitutional.

In his suit, Besigye noted that the offense contravenes article 21, 27, 29 and 43 of the Constitution of Uganda, which guarantee equality and freedom from discrimination, right to privacy of persons, home and other property, protection of freedom of expression movement, assembly, association and human rights freedoms.

He asked the Constitutional court to declare his arrest and subsequent prosecution in various courts unconstitutional.

However, the five member panels of Constitutional court judges unanimously dismissed the application in their judgment read by Constitutional Court Registrar, Dr. Agnes Nkonge yesterday.

However, the justices note that the action by police to criminalize citizen’s rights of political expression and association as set out in the petition is unconstitutional. The Judges noted that hadn’t they looked at the previous political conduct of Besigye, they would have allowed his application.


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