Attorney General v Forum for Democratic Change & (Constitutional Application No. 18 of 2016) [2016] UGCC 3 (29 April 2016)

# THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA **CONSTITUTIONAL APPLICATION NO. 18 OF 2016** (ARISING FROM CONSTITUTIONAL APPLICATION NO. 017 OF 2016) AND CONSTITUTIONAL PETITION NO. 13 OF 2016)

ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::::

### **VERSUS**

## 1. FORUM FOR DEMOCRATIC CHANGE(FDC):::::RESPONDENTS

## 2. COL.(RTD) DR. KIZZA BESIGYE

#### **INTERIM ORDER**

This application coming up for hearing before HIS LORDSHIP S. B. K KAVUMA DEPUTY CHIEF JUSTICE, on the 29<sup>TH</sup> APRIL 2016, in the presence of Mwesigwa Rukutana Deputy Attorney General appearing with Mr. Denis Biregye Ag. Director Civil Litigation and Richard Adrole Senior State Attorney for the Applicant and upon considering the submissions of Counsel for the Applicant, IT IS HEREBY ORDERD THAT:-

1. An interim order is hereby issued against the $1^{st}$ and the $2^{nd}$ respondents their agents, officials, supporters or any other person acting under their authority from engaging in demonstrations, processions, other public meetings media campaigns or pronouncements including, but not limited to, the respondents' planned and led demonstrations or processions scheduled for the 5<sup>th</sup> May or any other day from

the date hereof in furtherance of the respondents "defiance campaign" pending the hearing and determination of the main Constitutional Application number 017 of 2016 now pending in this Court.

- **2.** An interim order is hereby issued staying the $1^{st}$ and the $2^{nd}$ respondents, their agents, officials, supporters and or any other person acting under their authority from conducting any defiance campaign pending the hearing and determination of the main Application for temporary injunction in **Constitution** Application No. $017/16$ . - 3. An interim Order is hereby issued restraining all proceedings in Miscellaneous Cause No. 32/2016 Col (Rtd) Dr. Kizza Besigye vs The Attorney General in the High Court at Kampala and in Criminal Application No.1 of 2016 Col (Rtd) Dr. Kizza Besigye vs Inspector General of Police and Another in the Chief Magistrates Court at Nabweru pending the hearing and determination of the main Application for a temporary injunction under **Constitutional Application No.** 017 of 2016 now pending before this court. - 4. The interim orders issued herein shall remain in force for a period of four (4) weeks from the date hereof unless otherwise ordered by this Court. - 5. The Registrar of this Court is directed to ensure that all the necessary pre-trial steps are taken to have the main Application, Constitutional Application No. 017 of 2016 now pending in this Court fixed for hearing interparties within the time hereinabove stipulated or until such other or further orders of this Court in that in that behalf.

6. The costs of this Application shall follow the hearing and determination of the main Application for a temporary injunction in Constitutional Application No. 017 of 2016 now pending in this Court.

Dated at Kampala this ... $\frac{1}{016}$ $\Diamond$ dav

**DEPUTY REGISTRAR**