The Attorney General, Kiryowa Kiwanuka, has directed all government agencies to immediately halt enforcement of key provisions of the Computer Misuse law following a landmark ruling by the Constitutional Court of Uganda that declared the legislation null and void.
In a formal communication dated March 18, 2026, and addressed to security and prosecution authorities, Kiwanuka advised that all criminal proceedings based on the impugned sections of the law must be frozen with immediate effect.
“The implication of the permanent injunction issued by the Constitutional Court against all government agencies, authorities, and officials from enforcing the provisions is that all criminal proceedings emanating from the impugned provisions should be halted,” Kiwanuka stated.
He added, “No arrests should be made based on the impugned provisions of the said Acts,” emphasizing that law enforcement bodies,, including the Uganda Police Force and the Directorate of Criminal Investigations must comply fully with the court’s directive.
The decision follows a March 17 ruling in consolidated petitions filed by activists and legal bodies including the Uganda Law Society, which challenged the constitutionality of the Computer Misuse Amendment Act 2022.
In its judgment, the Constitutional Court found that the Parliament of Uganda failed to follow proper procedures when passing the law, particularly breaching its own rules of procedure. As a result, the court declared the enactment unconstitutional and rendered the contested provisions legally void.
“The enactment of the Computer Misuse Amendment Act without complying with the Rules of Procedure of Parliament was inconsistent with the Constitution, and as a result, the Act is null and void,” the court held.
The nullified provisions include sections relating to unauthorised access, sharing of information about children, and other digital communication offences that had been widely criticised for curtailing freedom of expression.
The court also struck down provisions on criminal defamation under the Penal Code, ruling that the law was vague and inconsistent with constitutional guarantees on fair hearing and freedom of expression, as well as Uganda’s obligations under regional human rights instruments.
Kiwanuka further clarified that individuals currently facing charges under the affected provisions should be released without delay.
“Courts must free all accused persons facing such nullified charges immediately,” he said.
However, he noted that the ruling does not affect individuals who were already convicted and are serving sentences under the same provisions, and that other sections of the Computer Misuse Act and the Penal Code remain in force.
On the way forward, the Attorney General advised the government against appealing the ruling, instead recommending that the law be returned to Parliament for fresh enactment in line with constitutional requirements.
“This Office is of the view that no appeal should be preferred. Rather, the law should be sent back to Parliament for proper enactment,” Kiwanuka stated.
