KAMPALA, UGANDA: The Court of Appeal in Kampala has dismissed an application filed by the Legal Brains Trust seeking a temporary injunction to prevent the government from implementing vehicle tracking devices.
The government had signed an agreement with a Russian company to provide digital trackers for all vehicles in the country as a measure to combat crime involving motor vehicles and motorcycles.
Legal Brains Trust challenged this decision in the High Court, filing a case to nullify the decision and seeking a temporary injunction.
However, the High Court dismissed the application. Unsatisfied with the ruling, Legal Brains Trust appealed to the Court of Appeal.
The government, represented by the State Attorney, opposed the grant of the order, arguing that the implementation of the Intelligent Transport Monitoring System (ITMS) is not a violation of the right to privacy.
They stated that the system would only be used to trace vehicles and motorcycles involved in criminal offenses and not to monitor law-abiding citizens.
In his ruling, Justice Oscar Kihiika of the Court of Appeal agreed with the government’s arguments and dismissed the application.
He stated that the applicant failed to demonstrate the injury they would suffer if the ITMS were implemented and that any inconvenience could be compensated through monetary damages.
Justice Kihiika also noted that granting the temporary injunction would essentially determine the pending appeal, causing injustice to the respondent.
As a result, the government can proceed with the implementation of vehicle tracking devices, requiring vehicle owners to obtain new number plates embedded with digital tracking capabilities.
The expenses incurred by individuals for the new number plates can be reimbursed. The Court of Appeal’s decision maintains the current status quo and allows the appeal process to continue.