A constitutional storm is brewing at the High Court in Kampala after Chief Justice Flavian Zeija, Principal Judge Jane Frances Abodo, and the Attorney General have been sued over an administrative directive that restricts the attachment and execution of government funds and property to satisfy court judgments.
The petition, filed by Omongole and Co. Advocates, challenges the April 1 directive issued by the Principal Judge, arguing that it unlawfully blocks successful litigants from enforcing court decrees against government institutions and undermines the constitutional right to effective remedies.
According to the lawyers, the directive contradicts Article 2 of the Constitution by attempting to shield government bodies from execution processes in a manner that is inconsistent with the principle of constitutional supremacy, thereby rendering it void in law.
The petition further argues that the directive wrongly extends protections under the Government Proceedings Act beyond the central government to include local governments, statutory bodies, and commissions that, in law, do not enjoy blanket immunity from execution of judgments.
In supporting affidavits, the law firm contends that Section 6(2) of the Local Governments Act expressly allows execution against local government property after six months from judgment, except for protected assets, and that the directive unlawfully overrides this statutory provision.
They also fault the judicial reasoning behind the directive, arguing that cited precedents such as Nampongo Robert & Another v Attorney General and Ostraco Ltd v Attorney General were either misapplied or limited in scope to central government liability, not broader public entities.
The petitioners are seeking multiple orders, including a declaration that the directive is unconstitutional, an injunction restraining courts from enforcing it, and a ruling affirming that local governments are corporate entities subject to lawful execution in accordance with established legal procedures before the High Court in Kampala Kampala High Court.
The case has ignited renewed debate over how to balance the protection of public funds and continuity of government services with the enforcement of court judgments, as respondents are yet to file their formal responses ahead of hearing.
