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Lawyer Andrew Karamagi
The Constitutional Court declared null and void, Section 25 of the Computer Misuse Act of 2011 and ordered an immediate stop to its enforcement.
In a ruling delivered by five Justices of the Constitutional Court led by the Deputy Chief Justice Richard Buteera, the justices unanimously declared section 25 of the Computer Misuse Act of 2011 is unconstitutional, broad and illegal .
Section 25 declares it an offence for any person to ‘willfully and repeatedly use electronic communication to disturb the peace or right of privacy of any person with no purpose of legitimate communication’.
The court ruled in favour of two petitioners including exiled Andrew Karamagi and Robert Shaka. In their 2016 petition, they argued that the section is inconsistent and ambiguous and contravenes of Article 29(1) of the constitution, which guarantees the enjoyment of freedom of expression.
Justices including Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke and Monica Mugenyi all agreed that the section conflicts with article 29 of the Constitution which guarantees the right to freedom of expression.
The same court has ordered the Attorney General of Government to pay costs to the petitioners.
Karamagi was not present in court for the ruling however his lawyer Eron Kiiza, said the notorious sections of the law have led to the exile of his client Karamaji and woman rights’ activist Stella Nyanzi, in addition to threatening the rights of many Ugandans who use computers to communicate.