Kabahizi Edgar

ekabahizi@ucu.ac.ug/eddiekmr@gmail.com
 JUDICIAL REVIEW refers to the power of the High court to
exercise control and supervision over the legislative, executive
and judicial powers of administrative bodies.
 According to the Black’s Law Dictionary, judicial review is
defined as a court’s power to review the actions of other branches
or levels of government; especially the court’s power to invalidate
legislative and executive actions as being unconstitutional.
Secondly, a court’s review of a lower court’s or administrative
body’s factual or legal findings.
 Review: means the re-consideration of the action or decision of
the authority with a view to determining whether it acted in
accordance with the law and whether it acted in accordance with
the principles of natural justice.
 The 1995 Constitution of the Republic of Uganda-as amended
Article 42-any person appearing before any administrative
official or body has a right to be treated justly and fairly and shall
have the right to apply to a court of law in respect of any
administrative decision taken against him or her
 The Judicature Act Cap 13.
 Section 36 (1) provides that the High Court may upon an
application for judicial review, make an order, as the case may be,
of;
(a) mandamus, requiring any act to be done;
(b) prohibition, prohibiting any proceedings or matter; or
(d)certiorari, quashing any decision of the lower tribunal.
 Action: Read and appreciate the entire section of the Act.
 Case Law: Ridge v Baldwin (1964) AC 40, it was held that a
decision reached in violation of the principles of natural
justice especially one relating to the right to be heard is void
and unlawful.
 The case of Aggrey Bwire v Attorney General CACA No. 9/
2009 presents the grounds for JR to primarily include the
following:
(a) Illegality- relates of irregularities
(b) Irrationality- relate to illogicality or
senselessness
(c) Procedural impropriety- Flouted process
 Note: The first two grounds are substantive grounds of judicial
review because they relate to the substance of the disputed
decision. Procedural impropriety is a procedural ground because
it aims at the decision making procedure rather than the content
of the decision itself and none of the afore-mentioned grounds
were applicable to the proceedings or decision of the committee.
 Mandamus: Is a court order issued to compel the performance of a public
duty where a public body or official has unlawfully refused, declined or
otherwise failed to undertake the duty(duty imposed by statute or common
law).
 In Daniel Nyongesa & Others V. Egerton University College Civil Appeal
NO. 90 of 1989:Nyongesa’s examination results had been withheld by the
university and when he went to court, the court issued an order of mandamus
for the university to release the results. Nyongesa had requested the University
for his Results and they had refused so he applied for an order of mandamus to
the court and he was granted. There was a specific duty for the university to
release the results.
 Certiorari: It is an order to remove proceedings from
an administrative body or an inferior court to the High
Court in order to be investigated and if found lacking
on any ground be quashed.

 Majid Cockar V. Director of Pensions Nai H.C.

Misc App 532 of 1998: In computing the pension
payable to the Chief Justice, the pensions department
made a mistake in their calculations. The former CJ
went to court and upon application for Judicial Review
the court issued the order of certiorari to quash the
decision awarding monies who's sum was inaccurate.
 Prohibition: This is an order issued by a High Court which prohibits
administrative bodies from continuing proceedings which could be ultra
vires or continuing to carry out decisions wrongly/in excess of jurisdiction .
 R V. Electricity Commissioners Ex parte Electricity Joint Committee
(1924) 1 K.B 171: At Page 559 Lord Denning stated as follows; “It is
available to prohibit administrative authorities from exceeding their powers
or misusing them.”
 Lord Atkin in the same case said as follows
“If proceedings establish that the body complained of exceeded its
jurisdiction, by entertaining matters which would result in its final decision
being subject to being brought up and quashed on certiorari, I think that
Prohibition will lie to restrain it from exceeding its jurisdiction.”
  
 “Injustice anywhere is a threat to justice
everywhere.”

 -Martin Luther King, Jr.