the case for the Attorney General and to allow the Motion would
not
be in the interests of Justice.
14. Fourth,
down
and
that since the Anti-Homosexuality Act has been
by the Constitutional Court of Uganda,
the Motion
have
been
overtaken
struck
both the Reference
by events
and
no
purpose
would be served in allowing the said Motion.
15. Fifth, Ms. Patricia Mutesi, Principal State Attorney, added that
if the Applicant
the Reference,
is an expert in the matters
then it should
to be determined
in
seek to be called as such expert or
as an intervener and not as amicus curiae
because of its obvious
bias.
E. COURT’S
16. From
DETERMINATION
the outset, it cannot be denied that the Applicant has an
interest in the
stated
13(1)
subject
by Oburu
and
(2)
challenged
Odoi
of the
as_
counselling,
matter
Jimmy
allegedly
procuring
access
legitimate
to health
mandate
of
sufficient
interest
Avocats
2013).
Sans
In the
the
Reference
promotion
debate,
These
Applicant,
Frontieres
in
to have
related
Sections
2014
7 and
have
aiding,
been
abeting,
homosexuality,
service
complaints,
our
create
should
provision
if read
considered
filed the
vs. Mbugua
circumstances,
of
as correctly
hampers professional counsel and
HIV
services."
for it
Act
'‘criminalising,
and
and
in his Affidavit,
Anti-Homosexuality
offences that are overly broad,
impedes
of the
instant
Mureithi,
it be
and
with
the
view,
create
Motion
(see
EACJ No.2
granted
leave
of
to be
enjoined as an amicus curiae?
APPLICATIONS No.3 OF 2015
Page 6