Written By | Our Reporter
Kiwanuka directed that all criminal cases arising from the affected provisions be immediately terminated
Search
PARLIAMENT
The Attorney General, Kiryowa Kiwanuka, has directed an immediate halt to all arrests and prosecutions under key provisions of the Computer Misuse Act following a landmark ruling by the Constitutional Court.
In a directive issued to government entities responsible for prosecution, Kiwanuka ordered the suspension of enforcement of several sections of the law after the court nullified the contentious amendments to the Act.
In a letter dated March 18, 2026, the Attorney General explained that the court found that the enactment of the Computer Misuse (Amendment) Act was done without following the required parliamentary procedures.
“The import of the orders of the Constitutional Court is that the enactment of the Computer Misuse (Amendment) Act was done without compliance with Rule 24 (now 25) of the Rules of Procedure of Parliament. The impugned provisions were thus null and void,” Kiwanuka stated.
Criminal Proceedings Terminated
Following the ruling, Kiwanuka directed that all criminal cases arising from the affected provisions be immediately terminated.
“All criminal proceedings emanating from the impugned provisions should be terminated,” he ordered.
The directive also bars any future arrests based on the nullified sections of the law, effectively suspending their enforcement across all government agencies.
Parliament in session
Affected Provisions
The Attorney General specifically cited sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act, 2023 Edition, as well as section 162 of the Penal Code Act, as being affected by the court’s permanent injunction.
“The implication of the permanent injunction issued by the Constitutional Court against all government agencies, authorities, and officials from enforcing these provisions is that all related criminal proceedings must be terminated,” Kiwanuka emphasized.
Convictions Remain Intact
However, the directive clarified that individuals who were already convicted under the impugned provisions and are currently serving sentences will not be affected by the court’s decision.
“No arrests should be made based on the impugned provisions of the said Acts. However, persons already convicted on charges arising from these provisions and serving sentences are unaffected,” Kiwanuka noted.
Legal and Policy Implications
The development marks a significant shift in the enforcement of cyber-related laws in Uganda and is expected to have wide-ranging implications for ongoing cases and future prosecutions.
Legal observers say the ruling underscores the importance of adherence to parliamentary procedures in lawmaking, while also raising questions about the future of digital regulation in the country.
Torch Media Africa
