Attorney General halts arrests based on nullified Computer Misuse law

By Skika Reporter

The Attorney General, Kiryowa Kiwanuka, has directed all government prosecuting agencies to immediately stop arrests and prosecutions based on provisions of the Computer Misuse Act that were recently struck down by the Constitutional Court.

In a formal communication dated March 18 and addressed to key justice and law enforcement bodies—including the Office of the Director of Public Prosecutions (DPP), the Criminal Investigations Directorate (CID), and the Inspector General of Police—Mr Kiwanuka stated that the affected sections are no longer enforceable and must not be used to initiate or sustain criminal proceedings.

“The implications of the permanent injunction issued by the Constitutional Court… is that all criminal proceedings emanating from the said impugned provisions should be terminated. No arrests should be made based on the impugned provisions,” he wrote.

The directive follows a landmark ruling by the Constitutional Court, which nullified several controversial sections of the Computer Misuse (Amendment) Act, 2022. The judgment, authored by Irene Mulyagonja, found that Parliament violated constitutional and procedural requirements when passing the law.

Justice Mulyagonja, writing for a panel of five justices, pointed to inconsistencies in the parliamentary record (Hansard) and ruled that quorum requirements were not met during key stages of debate and voting.

“It is my view that these anomalies resolve the question… in favour of the petitioners,” she noted.

Among the provisions struck down are Section 11 on unauthorized access and recording, Section 23 on sharing information about children without consent, and Section 26, which penalised content deemed to ridicule or demean others. Sections 28 and 29, addressing malicious information and misuse of social media, were also invalidated. Additionally, Section 162 of the Penal Code Act, which criminalized libel, was annulled.

Mr Kiwanuka advised against appealing the ruling, instead recommending that the matter be returned to Parliament for reconsideration and proper enactment in line with constitutional standards. He clarified, however, that only the invalidated sections are affected, and the rest of the Computer Misuse Act remains operational.

He further noted that individuals already convicted under the nullified provisions would not benefit from the ruling and must continue serving their sentences.

The decision is expected to impact several ongoing high-profile cases. Among those likely to benefit is city lawyer Hassan Male Mabirizi, who is currently on remand at Luzira Prison over alleged offensive communication targeting Chief Justice Flavian Zeija. Others include social media personality Ibrahim Musana, accused of hate speech against Chief of Defence Forces Muhoozi Kainerugaba, and Emmanuel Nabugodi.

Meanwhile, the Uganda Law Society has criticized the continued detention of Mr Mabirizi, questioning why the Buganda Road Chief Magistrate’s Court has not complied with the Constitutional Court ruling.

Lawyers have since petitioned Acting Chief Registrar Pamel Lamunu Ocaya over the conduct of Chief Magistrate Rita Neumbe Kidasa, accusing her of defying the court’s decision by refusing to unconditionally release the detained lawyer.

“Her worship Rita Neumbe Kidasa… has been hell-bent on prolonging her jurisdiction and that of the Uganda Prisons Service,” part of the complaint reads.