The consolidated petitions sought a declaration
that section of the Penal code Act and the
succession Act contravened the certain articles

of the Constitution. The petitions were brought
under Article 137 (3) of the Constitution and
The Constitutional Court ( Petitions and
References) Rules, 2005 ( S.I. No. 91 / 05)
challenging the Constitutionality sections of
the Penal Code Act and 2 (i) and (ii), 14, 15,
23, 26, 29, 43, 44, of the Succession Act. The
petitioner alleged that the above impugned
provisions were contrary to Articles 20, 21, 24,
26, 31, 33, and 44 of the Constitution.
The petitioner sought declarations that The
section 154 of the Penal Code Act and the
relevant provisions of the succession Act
enumerated above violate Articles 20, 21,(1),
21 (2), 21 (3), 24, 31 (1), 33(6) and 44( a) of
the Constitution of Uganda, 1995 and infringe
fundamental human rights enshrined in
International Conventions that Uganda is
signatory to, that the relevant provisions of
Succession Act and Penal Code Act that
violate the Article of the Constitution be
declared null and void.