Hearing of an appeal by Mifumi challenging the constitutional court ruling upholding bride price has today hit a dead end. The case failed to take off because Justice Kenneth Kakuru, one of the respondents to the suit was not served. Court wants to ascertain whether Justice Kakuru is still opposed to the abolishment of bride price since he was appointed to the Court of Appeal. At the time of making his submissions Justice Kakuru was an advocate.The other respondent in the appeal is the Attorney General who was represented in court by Patricia Mutesi, the Principal State Attorney. The panel of seven justices led by Bart Katureebe adjourned the hearing of the appeal to the next convenient session. Court also directed the respondents who were represented by human rights lawyer Ladislaus Rwakafuuzi to file their written submissions within 14 days and that the attorney general replies to the same within seven days. This public interest appeal arose in April 2010 after Mifumi, a Tororo-based non-governmental organization and women’s rights agency and 12 others petitioners; appealed to the Supreme Court following the rejection of their petition by the Constitutional Court for alleged failure to convince court that payment of bride price causes domestic violence.Ladislaus Rwakafuzi, the Mifumi lead lawyer argues that bride price should be made optional and not mandatory by parents.The petitioners also argue that the demand for bride price by parents of the bride from prospective sons-in-law as a condition precedent to a valid customary marriage is contrary to Art 31 (3) of the Constitution that provides that marriage shall be entered into with the free consent of the man and a woman intending to marry.
Posted on: Tue, 18 Mar 2014 12:19:47 +0000
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