KAMPALA, UGANDA: Fresh controversy has engulfed the judiciary as outspoken city lawyer Male Mabirizi continues to remain in detention despite a landmark Constitutional Court ruling that nullified key provisions of the Computer Misuse Act, the very law under which he is charged.
Court documents seen by DailyExpress reveal that Mabirizi, who is facing charges in Criminal Case No. 52 of 2026 before the Buganda Road Chief Magistrate’s Court, is still on remand, more than 8 days after the Constitutional Court declared Sections 26 and 28 of the Computer Misuse Act unconstitutional on March 17, 2026.
The ruling, arising from consolidated petitions challenging the legality of the law, effectively rendered the legal basis of Mabirizi’s charges null and void. Legal experts say the decision should have triggered his immediate release.
But according to a formal complaint filed by his lawyers, the trial magistrate, Her Worship Ritah Neumbe Kidasa, has allegedly refused to issue a release order, raising serious questions about compliance within the judiciary.
In a strongly worded complaint to the High Court Registrar, Mabirizi’s legal team, led by Yasin Ssentumbwe of ESCALA Associated Advocates, accuses the magistrate of “prolonging jurisdiction” unlawfully despite being presented with a certified copy of the Constitutional Court judgment.
“Despite bringing to her attention a certified copy of the Judgment of the Constitutional Court in Consolidated Constitutional Petitions No. 32, 34 and 42 of 2022, delivered on 17 March 2026, she is hell-bent on prolonging her jurisdiction, and that of the Uganda Prisons Service, in this matter yet the Constitutional Court has declared it extinguished as of 17 March 2026,” Ssentumbwe wrote.
He further argued that continuing to detain Mabirizi after the nullification of the law amounts to a violation of constitutional rights, particularly the right to liberty.
“In contravention of Articles 20, 23, and 28 of the Constitution, the court has refused to issue a release order, thereby prolonging a remand that is plainly void,” the complaint reads in part.
They further contend that the magistrate ignored admissible legal evidence and failed to take judicial notice of the Constitutional Court ruling, actions they say undermine both due process and the judiciary’s own e-Justice policy.
Defiance of Constitutional Court Orders?
At the heart of the dispute is the legal principle that decisions of the Constitutional Court are binding and take immediate effect. Mabirizi’s lawyers argue that the ruling invalidated the legal foundation of the charges, making any continued prosecution and detention illegal.
The team also cites an injunction issued by the Constitutional Court restraining enforcement of the impugned provisions, describing it as “self-executing,” meaning no further court order was required to implement it.
“Any further detention of the accused is unlawful,” the lawyers assert in their application for a production warrant seeking his immediate release.
The legal team further warned that the Chief Magistrate could be held personally liable for wrongful detention, and is now demanding disciplinary action and compensation for Mabirizi, as his continued incarceration violates Article 23(7) of the Constitution, which provides for compensation in cases of unlawful detention.
“The Buganda Road Chief Magistrate is personally liable to compensate our client for wrongful detention,” the complaint states.
Efforts to obtain a comment from the judiciary were not immediately successful by press time. It remains unclear why the release order has not been issued despite the apparent legal developments.
A Growing Pattern?
The standoff adds to growing tensions between sections of the judiciary and legal activists, particularly around cases involving the Computer Misuse Act, a law that has long been criticized for being used to criminalize expression.
With the Constitutional Court now striking down key provisions, attention is shifting to how quickly and faithfully the ruling is being implemented across the justice system.
For Mabirizi, however, the implications are immediate and personal; his continued detention now sits at the centre of a legal and constitutional storm.
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