Tayari News
KAMPALA – The Attorney General, Kiryowa Kiwanuka, has directed government prosecuting agencies to immediately halt arrests and prosecutions under specific provisions of the Computer Misuse Act that were declared null and void by the Constitutional Court.
In a March 19th, 2026 letter, addressed to the Office of the Director of Public Prosecutions, the Criminal Investigations Directorate, the Inspector General of Police, and the Clerk to Parliament, Kiwanuka stated that Sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act (2023 Edition), as well as Section 162 of the Penal Code Act, are no longer enforceable.
He instructed that no new arrests should be made under these provisions and that all ongoing criminal proceedings arising from them should be terminated.
“Further, the implication of the permanent injunction issued by the Constitutional Court against all Government agencies, authorities and officials from enforcing the provisions of sections 11, 23, 26, 27, 28 and 29 of the Computer Misuse Act, 2023 Edition, and section 162 of the Penal Code Act, is that all criminal proceedings emanating from the said impugned provisions should be terminated,” reads the Attorney General’s letter.
Kiwanuka clarified that individuals already serving sentences under the annulled provisions will continue to serve them, noting that the ruling does not affect their convictions.
He emphasized that only the nullified sections are affected, while all other provisions of the Computer Misuse Act and the Penal Code Act remain in force.
“It should also be noted that apart from the provisions declared null and void by the Constitutional Court, the rest of the provisions in both the Computer Misuse Act and the Penal Code Act are still enforceable under the law. In light of the above, this Office is of the view that no appeal should be preferred in these consolidated petitions, but rather the law should be sent back to Parliament for proper enactment,” the letter adds.
The Attorney General advised against appealing the Constitutional Court’s decision, recommending instead that the law be returned to Parliament for proper enactment in line with constitutional procedures. The Constitutional Court delivered its ruling on March 17, 2026, in response to consolidated petitions filed by Alternative Digitalk Limited, the Human Rights Network for Journalists Uganda, and the Uganda Law Society.
The court found that Parliament passed the Computer Misuse (Amendment) Act, 2022, without complying with Rule 24(3) of its Rules of Procedure, which requires verification of quorum before voting on legislation, rendering the enactment inconsistent with Articles 88 and 89 of the Constitution. As a result, the challenged provisions were declared null and void, and the court issued a permanent injunction restraining all government agencies, authorities, and officials from enforcing them.
The injunction also covers Section 162 of the Penal Code Act, which relates to libel. Kiwanuka further noted that the government is required to pay 30 percent of the petitioners’ legal costs and confirmed that his office has communicated the ruling and necessary actions to relevant agencies to ensure compliance.
Last week, a panel of five Constitutional Court justices led by Irene Mulyagonja nullified several provisions, including Section 11(1) on unauthorized access or interception of data; Section 23 on sharing information about children; Section 26 on sharing information likely to ridicule or demean a person or group; Section 27 on unsolicited information; Section 28 on malicious information; and Section 29 on anonymous communication and publication under a false identity.
In the same judgment, the court examined Section 162 of the Penal Code Act and found that the definition of libel under Section 163 is vague, ambiguous, and does not meet the required standard of precision in criminal law. The court also held that Parliament passed the Computer Misuse (Amendment) Bill on September 8, 2022, without the required quorum, making the process unconstitutional. It is against this background that the Attorney General has issued the directive halting enforcement of the affected provisions.
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