The drafting history of the Uganda Penal Code (Amendment) Act and challenges to its implementation

The Constitution of the Republic of Uganda 1995, provides that no person shall be charged with, or convicted, of a criminal offence which is founded on an act or omission that did not at the time it took place, constitute a criminal offence. The intention of Parliament to create jurisdiction for the Magistrates’ Courts to try defilement, as a way of reducing the case backlog has not been achieved. Due to the transitional provision in the Penal Code (Amendment) Act, courts have applied the law retrospectively. This has led to serious constitutional ramifications involving the disregard of the principle of legality and the accused’s right to a fair trial. The constitutionality of the transitional provision has never been challenged in the Constitutional Court. This article evaluates the challenges to implementation of sections 2 and 5 of the Uganda Penal Code (Amendment) Act. The purpose of this article is to discuss the drafting of a law as a great challenge and to critique the Act in the light of its long title, preamble, objects, and transitional provision.Department of HE and Training approved lis