A major constitutional dispute has landed before the High Court in Kampala after Chief Justice Flavian Zeija, Principal Judge Jane Frances Abodo, and the Attorney General were sued over a controversial administrative directive limiting the attachment and execution of government property to satisfy court judgments.
The case, filed by Omongole and Co. Advocates, challenges the April 1 directive issued by the Principal Judge, which bars courts from entertaining applications seeking garnishee orders, attachment, or execution against government accounts unless such payments are specifically provided for in the approved national budget.
The lawyers argue that the directive effectively strips successful litigants of the right to enforce court decisions, creating a situation where court victories remain theoretical and unenforceable against state entities.In their petition, they insist that the directive violates Article 2 of the Constitution by undermining constitutional supremacy and introducing an administrative barrier that conflicts with existing legal provisions governing enforcement of judgments.
They further contend that the order improperly expands the protections granted to the central government under the Government Proceedings Act to include local governments, commissions, and statutory bodies that are not legally entitled to such blanket immunity from execution.
Supporting affidavits also cite Section 6(2) of the Local Governments Act, arguing that it clearly permits execution against local government property after a specified period, and therefore the directive unlawfully overrides Parliament-made law.
The petitioners are asking the High Court in Kampala Kampala High Court to nullify the directive, issue injunctions against its implementation, and affirm that government entities remain subject to lawful execution processes under existing legislation.
The matter has sparked a wider national debate on whether safeguarding public funds and ensuring uninterrupted government service delivery should take precedence over the constitutional right of citizens to fully enforce court judgments, with responses from the government side still pending before the court hearing proceeds.
