Communication 431/12 – Thomas Kwoyelo v. Uganda
several decisions recognized that right. Thus, the Respondent denies that the
Supreme Court decision that stayed the execution of the consequential orders of
the Constitutional Court was partial. The Respondent notes that the lack of
quorum in the Supreme Court was brought on by the passing on of Honourable
Mr Justice Amos Twinomujuni JSC. in November 2013, however, the Supreme
Court of Uganda is now fully constituted, the parties argued their respective cases
on appeal in the Supreme Court in June 2014 and the court is yet to deliver its final
decision on the appeal.
The Commission’s Analysis on the Merits
134.
Having closely studied the submissions of the parties on the Merits of the case,
the Commission proceeds to analyse the arguments and evidence furnished by the
parties against the relevant provisions of the Charter and other applicable laws to
establish whether there has been a violation of the provisions of the Charter as
alleged in the submissions of the Complainant.
135.
As can be discerned from the summary of the submissions of the Respondent
State, the latter disputes the veracity of several of the assertions of the Complainant
presented as facts. It is, therefore, imperative that the Commission rules on such
disputed facts since many of these contested facts have a bearing, direct or indirect,
on the outcome of the case. However, the Commission will not delve into the
exercise of fact-checking for each and every disputed fact. That is neither desirable,
nor necessary. Instead, a more pragmatic approach is followed by making a
determination of facts only as and when the Commission finds it relevant and
necessary for the analysis of the merits of the case.
Ruling on Some Contested ‘Facts’ and Applicable Law
34
62nd Ordinary Session, 25 April – 9 July 2018