Constitutional Appeal No. 1 of 2015 — Theodore Ssekikubo & Others v Attorney General & Others
Brief Facts
Four Members of Parliament (Ssekikubo, Niwagaba, Nsereko, Tinkasimire) had been expelled from their party (NRM). After expulsion, the party asked the Speaker of Parliament to declare their seats vacant.
The MPs challenged the expulsion and the effect it would have on their parliamentary seats.
Holding
The Supreme Court held that the advice of the Attorney General (executive) to the Speaker is not binding in how the Speaker carries out constitutional duties. The Court emphasized separation of powers: the legislature’s internal functions (like declaring a seat vacant) shouldn’t be controlled by the executive.
The MP seats were not to be vacated just based on expulsion without following due constitutional process.