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Mwenda heads to Supreme Court as Appellate Court upholds Uganda’s Anti-Gay law

Andrew Mwenda, one of the petitioners who challenged the Anti-Homosexuality Act (AHA) of 2023, has vowed to petition the Supreme Court after losing the petition before the Ugandan Constitutional Court.

Andrew Mwenda

The Constitutional Court on Wednesday upheld the Anti-Homosexuality Act 2023 for being in line with the values and the country's Constitution

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While the court did strike down some sections, the core of the law remained.

Mwenda, a prominent journalist and activist, said he was unhappy with the decision of the five judges of the Constitutional Court.

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I am disappointed by our justices for failing to stand above our cultural prejudice and bigotry and make history for Africa and for humanity. Instead, like the politicians, they relied on public sentiments and rumours, instead of the constitution, to make their judgment,” Mwenda said.

The judges claimed the AHA was made to stop recruitment of kids into homosexuality. The defence did not present any evidence of recruitment. The government has ISO, CMI, Crime Intelligence, CIID etc. Not one person has ever been arrested for recruitment by these agencies.”

The judges led by Deputy Chief Justice Richard Butera ruled on Wednesday morning; "We decline to nullify the Anti-Homosexuality Act 2023 in its entirety, neither do we grant a permanent injunction against its enforcement

"We however declare that Section 3 (2)C, 9, 11 (2)d and 14 of the Anti-Homosexuality Act 2023 violate the right health, privacy and freedom to religion, which rights are respectively recognised in the universal declaration. This petition substantially fails with the following orders: Sections 3 (2)C, 9, 11 (2) d and 14 of the Anti-Homosexuality Act are hereby struck down. Each party bears its own costs. It's so ordered," Butera added.

The top court set December 11 to hear four petitions challenging the legality of the Anti-Homosexuality Law that was enacted in May 2023.

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