Uganda’s Constitutional Court Strikes Down Computer Misuse Act 2022

Uganda’s Constitutional Court has declared the Computer Misuse (Amendment) Act, 2022 null and void due to Parliament’s failure to verify quorum during its 2022 passage, alongside unconstitutional restrictions on freedom of expression. 

In a significant boost to digital rights and constitutional governance in Uganda, the Constitutional Court has unanimously invalidated the Computer Misuse (Amendment) Act, 2022, declaring it null and void.

The ruling, delivered on March 17, 2026, centered on a glaring procedural lapse: Parliament enacted the law on September 8, 2022, without confirming the mandatory quorum as required by Rule 24(3) of its Rules of Procedure. This breach violated Articles 88 and 89 of the Constitution, which outline quorum verification and the proper conduct of legislative business.

The court, in a decision led by Justice Irene Mulyagonja and supported by fellow justices including Ketrah Kitariisibwa Katunguka, Mike Musisi, Jesse Byaruhanga, and Esta Nambayo, emphasized that no evidence—from Hansard records or affidavits—showed the Speaker had ascertained sufficient members were present before voting. This fundamental flaw alone rendered the entire amendment process unconstitutional.

Beyond procedure, the judgment addressed substantive concerns raised by a broad coalition of petitioners, including Alternative Digitalk, the Uganda Law Society, the Human Rights Network for Journalists-Uganda, and others.

They argued that key provisions were overly broad, vague, and infringed on freedoms of expression and access to information. The court agreed in parts, nullifying sections tied to criminal libel (via links to the Penal Code) and other restrictive elements that failed constitutional scrutiny.

Widely hailed as a triumph for the rule of law and online liberties, the decision reinforces parliamentary accountability and protects Ugandans from misuse of cyber laws often deployed against critics, journalists, and activists.

Hon. George Musisi, Kira Municipality MP-elect and a key voice in the discourse, noted that individuals currently facing charges under the now-defunct provisions are poised to see their cases dismissed and regain freedom.

This outcome marks a pivotal shift, curbing tools previously used to stifle dissent in the digital space while underscoring the judiciary’s role in upholding procedural integrity.