Uganda Law Society (ULS) President Isaac Kimaze Ssemakadde, who is currently in exile, has asked the Chief Magistrate’s Court in Kampala to cancel the arrest warrant issued against him in March 2025, arguing that recent Constitutional Court rulings have rendered the criminal proceedings against him unconstitutional.
Through his lawyers, Mukiibi & Kyeyune Advocates, Ssemakadde has petitioned the Chief Magistrate’s Court at Buganda Road to quash the arrest warrant dated March 19, 2025, terminate the criminal proceedings against him and discharge him from Criminal Case No. KLA-00-CR-CO-913 of 2024.
The application, dated November 11, 2026, follows a November 4 Constitutional Court judgment in Kalali Steven and Others v Attorney General, in which the court declared several provisions governing private prosecutions under the Magistrates Courts Act unconstitutional.
Ssemakadde’s lawyers argue that the criminal case against him was initiated under the same legal framework that has since been declared unconstitutional, rendering the proceedings and the subsequent arrest warrant invalid.
“The charge, the process that followed, and the warrant of arrest of 19 March 2025 were all products of that unconstitutional procedure. Proceedings founded on a constitutionally void framework are a nullity,” the lawyers state in the application.
They contend that the provisions previously allowed a magistrate to act simultaneously as an investigator, charge-preferring officer and judicial officer in the same matter, contrary to constitutional requirements for an independent and impartial hearing.
The legal team has also challenged the constitutionality of Section 115(3) of the Penal Code Act, under which Ssemakadde was charged with insulting the modesty of a woman.
According to the lawyers, the Constitutional Court, in the same judgment, found the provision constitutionally deficient because it did not clearly define what constitutes an insult to modesty.
They argue that the absence of a precise definition makes it difficult for citizens to determine what conduct amounts to a criminal offence, contrary to the constitutional principle of legality.
Although the Constitutional Court directed the Attorney General to introduce an amendment within 12 months to provide a clearer definition and make the offence gender-neutral, Ssemakadde’s lawyers maintain that the provision remains unenforceable in its current form.
“An offence that fails the certainty requirement of the principle of legality cannot sustain a criminal prosecution or a warrant of arrest,” they state.
The lawyers have also relied on the Constitutional Court’s March 17, 2026 ruling in Alternative Digitalk Limited and Others v Attorney General, arguing that Uganda has an international obligation to repeal laws criminalising sedition, insult and the publication of false news.
They further cite the African Court’s decision in Lohé Issa Konaté v Burkina Faso, which they say reinforces the principle that criminal sanctions should not be used to shield public officials from criticism.
The legal team argues that public officials and other public figures should tolerate greater scrutiny, adding that claims arising from allegedly defamatory statements should be pursued through civil proceedings rather than criminal prosecution.
Lawyers cite hardship arising from exile
The application also outlines what the lawyers describe as the continuing personal and professional hardships Ssemakadde has experienced since the arrest warrant was issued more than 20 months ago.
They argue that the warrant has effectively forced him into exile by making it difficult for him to return to Uganda without facing arrest and detention.
His lawyers further contend that his absence has affected his ability to discharge his responsibilities as Uganda Law Society president and practising advocate. They also cite restrictions on his international travel, separation from his family and reputational damage arising from his public description as a fugitive.
“These harms are continuing and, in material respects, irreparable. Time is therefore of the essence,” the lawyers state.
Ssemakadde is asking the court to cancel the March 19, 2025 arrest warrant, which was addressed to police officers in Uganda and Interpol, terminate the criminal proceedings against him and discharge him immediately.
His legal team maintains that anyone who considers themselves offended by the speech underlying the case remains free to pursue ordinary civil remedies.
“Criminal process is no longer a lawful vehicle,” the lawyers argue.
The application was filed by letter under the Judicature (Criminal Procedure) (Applications) Rules, which the lawyers say allow interlocutory applications before magistrates’ courts to be made informally, either orally or in writing.
They have asked the court to schedule the application for hearing at the earliest opportunity.
