High Court recognised second wife as a wife for succession purposes despite finding her marriage illegal and null and void.
The High Court of Kenya found that although the deceased’s second marriage was illegal and null and void legally speaking because his earlier monogamous marriage was still subsisting, his second wife, Jane Jerry Kioko, could still be treated as a wife, and her children with the deceased recognised as children within the meaning of the Law of Succession Act, for purposes of succession.
In *In re Estate of the Late Ndolo Kioko Musyimi (Deceased)*, Succession Cause No. E600 of 2022, [2026] KEHC 9445 (KLR), the High Court of Kenya at Nairobi considered whether Jane Jerry Kioko, the deceased’s second wife, could be treated as a wife for purposes of succession despite the fact that the deceased’s first monogamous marriage was still subsisting when he married her.
The Court found that the deceased had undergone a customary marriage ceremony with his second wife in Tanzania, paid dowry, later contracted a civil marriage with her, lived with her as his wife, had two children with her, and introduced her to others as his wife.
Although the Court accepted that the second marriage was illegal and null and void legally speaking because the first monogamous marriage had not yet been dissolved, it held that section 3(5) of the Law of Succession Act aided the second wife and deemed the marriage valid for purposes of succession, particularly under sections 29 and 40 of the Act.
The Court therefore found the objection plausible, recognised Jane Jerry Kioko as a wife of the deceased for purposes of succession, and appointed her as one of the joint administrators of the estate, leaving the issue of distribution of the estate to be determined later.
Read and download the full decision here: https://t.co/n4E38G4DUL
Similarly, in Piara Singh & Another vs. Sukhveer Kaur; HCCS No.52 of 2012 (November 14, 2016) Tuhaise, J (as she then was) (Family Division) affirmed that a person claiming to be a dependent-relative must prove his or her dependency on the date of the deceased's death👇🏿.
BREAKING NEWS: @UN Secretary-General António Guterres officially expressed deep concern over the arbitrary arrests, incommunicado detentions, and possible enforced disappearances of political and civic actors in Uganda.
Full Video 👉👉👉 https://t.co/S2di7wr2n5
See the full artilce:
THE PERFECT STORM THAT TOOK OUT SYDNEY GONGODYO.
@Samwyri@TheMutaD@UgandanLawyer@qataharraymond@BenonGowa@CEOEastAfrica@FERDINANDIUS
"...A functioning criminal justice system is therefore more than a mechanism for punishing crime; it is society's insurance against private revenge and avenging of crime. Where the State fails to effectively investigate, prosecute, and punish, undesirable alternatives like mob injustice and organized crime fill the vacuum..." @JudiciaryUG@PoliceUg
JLOS stakeholders, please pay attention.
Tumusiime J✍️Non renewal of a fixed term contract is not unlawful, ✍the Employer has discretion to renew or not renew ✍Although ordinarily fixed-term contracts do not imply automatic renewal, they may create an expectation for renewal on the part of the employee.
✍the employee has to demonstrate the basis of expectation
✍A fixed-term contract is for a fixed duration or task; it has a start and end date as specified in the contract.
✍Where the contract does not specify or impose any obligations on the part of the employer to respond to requests for renewal or to give reasons for non-renewal, none can be imposed.
✍An employer who refuses to renew a fixed-term contract cannot be said to have terminated the contract, but rather he or she only declined to renew it.
✍The employer has discretion to renew or not to renew, and therefore to change its mind. In any case, the initial decision was not communicated to the Claimant to give him any reason to have any expectations. There is no express promise arising from these minutes to create a legitimate expectation for renewal of his contract.
Legal Representation:
1. Ms. Gloria Mujyawimana of M/s. Jabo & Co. Advocates for the Claimant.
2. Ms. Patricia Habu of the Uganda Electricity Generation Company Limited (UEGCL),
Department of Legal and Board Affairs.
Delivered on 3-July-20
Case link: https://t.co/dn7YBFIGIo
ICYMI
This write up is a modest plea for constitutional morality, not in the abstract, but as a practical obligation resting upon every actor in the administration of justice.
@JudiciaryUG officers, @ODPPUGANDA prosecutors, and all public officials entrusted with enforcing the law must look beyond the mere existence of an offence on the statute book and ask a more fundamental constitutional question; does the Constitution permit this offence to be enforced?
The fact that @Parliament_Ug enacted a provision, or that it remains in the Penal Code Act Cap 128, does not by itself render its enforcement constitutionally legitimate.
Fidelity to the Constitution requires not blind adherence to inherited statutes that have provisions that offend the spirit of constitutionalism, but a steadfast commitment to the rule of law, the principle of legality, and the protection of fundamental rights and freedoms.
Read more
https://t.co/LohYYvnW43
As we kickstart the new month of July, our new culture of involving the young lawyers on our #FridayLegalTipsWithJoyE is still on with Akankunda Sheebah from @kiuvarsity teaching us about a promise to marry. Let’s please listen in.
#FridayLegalTipsWithJoyE#AILMS
Do you get a sense that we are biting more than we ca chew and almost at once? You have KB, EL, then corruption fight, then other political prisoners. If only we could focus on one at a time.
REBELS: In yesterday’s Miria Matembe bail ruling, Magistrate Sheilla Gloria Atim used obiter remarks titled “Politics” to signal deeper institutional and personal pressures on @JudiciaryUG staff.
Join us on SAT, 4 July at 6AM, to decode the message she risked her bench to send.
Join us as we discuss the ongoing
#LawyersStrike26June and the evolving state of legal practice.
What next for a fearless Bar?
Are the current battles for conditions of practice enough to secure the future of law in Uganda?
📅 Friday, 3rd July 2026
⏰ 7:00pm EAT
📍 Live on X Lawpoint Uganda
Moderated by SSALI JOHN NDIGEJJERAWA, featuring
Uganda Law Society Vice President ASIIMWE ANTHONY, breaking down the law, conditions of practice, and the path forward.
Set reminder 👇
https://t.co/b86P2LhgiY
The problem with the Ugandan activism/human rights space is it’s filled with angry halfwits in possession of a smartphone and the memory of a cockroach.
Long before you lot thought it was cool to go after corrupt people in parliament, we were taking risks to dig up info, throwing around our own resources, writing to @IGGUganda, CID etc to get them to act.
We (myself in particular) were literally accused of “paying $10,000 per leak” by our own comrades for some of the info you’re now twerking over.
Now that the political winds have changed and they’ve arrested a few people, you’re turning around and getting laughs at our expense.
You are 2 years behind news. We’ve moved on to other stuff coz that work was done years back.
In 2 years or so, you’ll come back here and again try to diss us for work we helped platform. Such is the level of imbecility and lack of foresight in our country.
With this kind of reasoning, we truly deserve the leaders we have.
The GENZs who were illegally arrested and detained for protesting against corruption in Parliament deserve an apology and possibly compensation. How could genuine whistleblowers be arrested and charged as criminals?
Shame upon AAA and her corroborators who selfishly malaigned the GENZs and caused their illegal arrest and detention. The GENZs have been vindicated!
The alleged sums in the charge sheets underscore the scale of the case:
1. Chris Obore (Communications) – UGX 5.253bn
2. Adilo Daniel (Human Resource) – UGX 14.609bn
3.Okema Leonard (Executive Secretary, Speaker’s Office) – UGX 3.489bn
4.Rajab Kaaya Ssemalulu (Principal Research Officer) – UGX 2.170bn
5.Otebata Vincent (Capacity Development Officer) – UGX 5.253bn.
What do people even do with this much money?
Appellant Male H. Mabirizi filed a private prosecution against six Parliament employees alleging money‑laundering, theft and related offences over Ushs 16,030,217,000; the Grade I Magistrate dismissed the complaint for lack of committal papers and no legal basis to summon the respondents. On appeal the High Court (Okuo J.) held the magistrate erred by dismissing without conducting mandatory enquiries (consulting the local chief and, if necessary, directing police investigation), affirmed that magistrates may decide whether private complaints are frivolous, and directed the magistrate to carry out the enquiries and determine the complaint on its merits, noting private prosecutors must furnish evidence and prepare committal documents.
In Zzimwe Enterprises Hardware & Construction Ltd & Others vs. Arvind Patel; HCMC No.100 of 2025 (March 27, 2026) Rubagumya, J (Commercial Division) held that time spent resolving collateral proceedings is excluded when computing the limitation period for executing a decree👌🏿.
ICYMI
Matembe's prosecution is not an isolated incident. Rather, it highlights a broader constitutional problem embedded within Uganda's criminal law. Any advocate of constitutionalism familiar with the Penal Code Act, Cap. 128, will recognise that many of its offences are colonial-era relics, adopted with minimal modification from the criminal codes used by Britain to administer its East African territories. These provisions were designed primarily to preserve colonial administrative control rather than protect the public from demonstrable harm. They achieved this by criminalising dissent, restricting political organisation, and regulating speech along ethnic, religious, and regional lines in a manner that served the interests of the colonial administration.
Read more
https://t.co/LohYYvotTB
On 27th-March-2026, Justice Rubagumya set aside a Warrant of Arrest for failure to serve a Notice to Show Cause why execution should not issue ✍️Where a Decree Is more than one year old, service of the Notice Is mandatory even If the Judgment Debtor excluded themselves from the Hearing in the Original Suit.
✍Relying on Standard Chartered Bank Uganda Limited v Gian Singh Bhambra, HCMA No. 32 of 2022, the Court emphasized that a Notice to Show Cause affords a judgment debtor an opportunity to be heard before the Court's coercive powers are invoked to enforce a decree, thereby promoting the right to a fair hearing under Article 28 of the Constitution of the Republic of Uganda, 1995.
✍Court rejected the respondent's contention that service of the Notice to Show Cause was unnecessary because the applicants had excluded themselves from the hearing in the original suit.
✍Citing COMESA Technology (U) Limited v David G. Mushabe, H.C. Execution Civil Appeal No. 1906 of 2013, as approved in Buwembo Sarah Kakumba v Samuel Kiwanuka & Another, H.C. Execution Civil Appeal No. 1670 of 2013, the Court reiterated that a warrant of arrest must always be preceded by a Notice to Show Cause and that only upon default may a warrant issue without first hearing the judgment debtor. This requirement gives effect to the cardinal rule of natural justice that no person should be condemned unheard.
✍Accordingly, since it was undisputed that the applicants had not been served with a Notice to Show Cause before the warrant of arrest in execution dated 29 September 2025 was extracted, the Court held that the warrant was irregular and set it aside.
Legal Representation:
1. Applicants: M/s Kavuma Kabenge & Co. Advocates.
2.Respondent: M/s Lipton Advocates.
Case link; https://t.co/B5Z9k7v90t