The Constitutional Court of Uganda has delivered a unanimous judgment that draws a decisive constitutional boundary around the enforcement of court orders. In Uganda Court Bailiffs Association Ltd v Attorney General, the Court declared unconstitutional the long-standing practice by which executive officials including the Police, Resident District Commissioners ("RDCs"), and District Internal Security Officers ("DISOs") subjected judicial warrants to extra-judicial "clearance" or "approval" before permitting their enforcement.
This alert examines the background of executive interference with court-ordered enforcement, the Court's reasoning, and the practical implications of the decision for decree holders, court bailiffs and the broader administration of justice in Uganda.
