By Nasser Kayanja
The Attorney General of Uganda, Kiryowa Kiwanuka, has instructed all government prosecuting bodies to stop arrests and prosecutions based on sections of the Computer Misuse Act that were recently nullified by the Constitutional Court.
In a letter dated March 18 addressed to the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, and the Inspector General of Police, Kiwanuka stated that the affected provisions are no longer legally enforceable and should not be used in any ongoing or new criminal proceedings.
He further directed that all cases arising from the invalidated sections be discontinued immediately and cautioned against making fresh arrests under those provisions.
The Attorney General also advised against appealing the court’s ruling, instead recommending that the legislation be taken back to Parliament for reconsideration and proper enactment in line with constitutional standards.
However, he clarified that only the sections struck down by the court are affected, and the rest of the Computer Misuse Act remains operational. He added that individuals who were already convicted under the invalidated provisions will not benefit from the ruling and are expected to continue serving their sentences.
The directive follows a recent decision by the Constitutional Court, which nullified several clauses of the Computer Misuse (Amendment) Act, 2022, citing violations of freedom of expression and procedural irregularities during its passage.
A panel of five justices ruled that Parliament did not follow the required legal process in enacting the law. Among the provisions struck down were those criminalizing unauthorized recording of individuals, sharing information about children without consent, and publishing content considered offensive, demeaning, or malicious on social media platforms.
