KABAHIZI EDGAR

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Proceedings
Against Government
[INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government ]
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Immunity of Government
Public Officers:
Public officers do not incur individual liability where
they act in accordance with the law.
Therefore, instances of vicarious liability on behalf of
government can not arise unless the engage in
activities that infringe provisions of the laws of
Uganda. A case is point is engaging in corruption.
It is for this reason, a police officer cannot be held
liable for any lawful arrest, service of lawful warrants
or searches. The key thing is here, the are acting in
line with the requirements of their duties.
Also, in cases of preventive arrest where an officer
arrests anyone to prevent them from committing a
crime, the individual cannot sue the
government( Ref: Section 24(1) of the Police Act).
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government

Judicial immunity: According to section 3(5) of the

Government Proceedings Act; no proceedings will lie
against government in respect of anything done or
omitted to be done by any person while discharging or
purporting to discharge any responsibilities of a
judicial nature. In the case of Attorney General vs
Oluoch, the trial magistrate was sued together with the
attorney general and police officers for wrongful arrest
and detention. The AG challenged the suit saying that it
was misconceived because it had been brought against
a public officer who had judicial immunity and so,
government could not be sued.
In essence, action is not maintainable if a suit is in
respect of exercise of judicial functions .
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government
Act of State Doctrine: According to the act of state
doctrine, national courts must refrain from
prosecuting the validity of official acts carried out by
a foreign state within its own territory, except if it
commits violation of international norms with broad
consensus of international society for example in the
case of genocide. For example agreements and or
contracts between states do not give individuals
rights which can form a basis of legal actions. In the
Kenyan case of Olile Njogo Vs Attorney General, the
Masai sued the British government for violation of the
Masai Agreement.
The agreement was in respect of annexation of Masai
lands. When sued, the British government
successfully pleaded an act of state doctrine and..
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government
the court held that the British government could not
be sued by individuals since it had contracted with a
sovereign power.
Read: Katikiro of Buganda Vs Attorney General of
Uganda
Armed Forces: Section 4 of the Law Reform
(Miscellaneous Provisions) Act provides that
government is not liable for death or injury
occasioned by a member of the armed forces on
another member of the armed forces while on duty.
Government is also exempt from owners’ liability in
respect of military aircraft, ship or vehicles.
However this exemption does not extend to civilians
or non-members of the armed forces.
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government

Suing for recovery of land may not be filed against

government: According to Section 14(1) of the
Government Proceedings Act, in proceedings
against government for the recovery of land or other
property, court can not make an order for the
recovery of land or delivery of property, but may in
lieu of such orders make an order declaring that a
plaintiff is entitled as against government to the land
or property or to possession of land or property.
For further reading: Ostraco (U)Ltd v A.G HCCS
1380/1986
 INSTANCES OF EXEMPTIONS AND IMMUNITIES
of
Government
Limitation period against government for a cause of
action based on tort and or contract.
According to section 3 of the Civil Procedure and
Limitation(Miscellaneous Provisions) Act, no action
founded on tort can be brought against the
government after the expiration of 2 years from the
date a cause of action arose. Further, that no action
founded on contract can be brought against
government after 3 years from the date a cause of
action arose.
Motivation Quote
“The secret to getting
ahead is getting started”-
Mark Twain
Thank you for your attention