By Our Reporter
NATIONAL
A Coram of five Justices of the Constitutional Court is set to hear and rule on the constitutionality of compulsory pregnancy tests for students in Health Training Institutions.
The petition filed by Uganda Association of Women Lawyers (FIDA) is challenging Regulation 2.9 (b) and (e) of the Health Training Institutions Rules and Regulations of September, 2021 that requires pregnant student to report to the management and are also subjected a mandatory pregnancy test.
FIDA argues that the Regulations contravene Article 24, 44(a), 27 and 45 of the Constitution as well as Objective X1V of the National Objectives and directive Principles of state police of the Constitution and are therefore null and void.
The Five Justices set to hear the petition today, Wednesday, 15th April, 2026 among others are Justice Cheborion Barishaki, Justice Oscar John Kihika, Lady Justice Margaret Tibulya, Lady Justice Cornelia Kakooza Sabiiti, and Justice Musa Ssekaana.
The Constitutional Court is conducting a one-day session in Kampala during which 12 constitutional petitions are scheduled for hearing.
According to the cause list issued by the Court’s Deputy Registrar, HW Jane Mugala, the session will feature a range of petitions raising critical constitutional questions.
Among the matters set for hearing is Lufunya Derrick & Another vs Attorney General & Another, in which the petitioners challenge a directive issued by the Chief Justice on 22nd September 2023, instructing courts not to renew Letters of Administration in estates previously governed under the 1912 Buganda Succession Law.
The Court will also hear Twinobusingye Saverino vs Robert Kabushenga & Attorney General, where the petitioner alleges that statements published by the first respondent on X (formerly Twitter) were false and offensive, and intended to undermine the coffee value addition programme, in alleged contravention of Articles 2, 40(2), and 43(1) of the Constitution.
In Plinth Consultancy Services & Another vs Attorney General, the petitioners are challenging the administrative decision by then Principal Judge, Justice Dr. Flavian Zeija, to transfer a trial judge from the Commercial Division and reassign the matter to another judge.
The Court will further consider Kalali Steven vs Attorney General, where the petitioner contests the constitutionality of Sections 115(1) and (3) of the Penal Code Act, arguing that the offence of indecent assault to the modesty of women is discriminatory against men. The petition also challenges Section 42 of the Magistrates Courts Act regarding the role of magistrates in handling complaints by private prosecutors.
Also scheduled is a petition by FIDA Uganda (Uganda Association of Women Lawyers vs Attorney General), challenging provisions in the Health Training Institutions Rules and Regulations (2021) that require mandatory pregnancy testing and disclosure by students. The petitioners argue that the rules violate constitutional protections relating to dignity, privacy, and freedom from cruel, inhuman, and degrading treatment.
In Ronald Katushabe alias Justice Hunter vs Attorney General & Electoral Commission, the petitioner challenges provisions of the Presidential Elections Act and the 2025 Presidential Elections Nomination Guidelines, arguing that nomination fees and signature requirements are excessive and limit public participation in the electoral process.
The Court will also hear Gimbo Hajira & 2 Others vs Attorney General, where the petitioners challenge Sections 130, 131, and 207 of the Penal Code Act, which criminalise abortion. They argue that the provisions are discriminatory and do not adequately consider circumstances such as rape, incest, mental health, or the dignity of the mother.
The Court will also hear an interesting petition where Yona Katosa is suing Hoima City Authority for granting a lease in respect of land where he had a house to another person without any compensation and consent. Katosa argues that this action is illegal and violates right of ownership of property and denied him a right to fair hearing.
