Uganda Law Society President Isaac Ssemakadde has welcomed the Constitutional Court's ruling on the offence of insulting the modesty of a woman, saying it vindicates his long-running challenge against the law. An arrest warrant was issued against him under this law for remarks made about then Director of Public Prosecutions Jane Frances Abodo during a political symposium in Kampala in November 2024. Ssemakadde has been living outside Uganda, citing persecution for his criticism of public officials and the Judiciary.
The Constitutional Court ruled that Sections 115(1) and 115(3) of the Penal Code Act, which previously restricted protection against indecent assault and acts insulting modesty to women and girls, were discriminatory. The court ordered that the words "any woman or girl" be replaced with "any person", extending protection to men as well. The Attorney General has been directed to introduce a Bill within 12 months to amend the law and provide a clearer definition of the conduct prohibited under Section 115(3).
Ssemakadde's prosecution was part of a campaign against him, he claims, for his outspoken criticism of public officials and the Judiciary. He described the offence as one of the two legal foundations of the international arrest warrant issued against him. The other offence is contempt of court, arising from a separate case in which he was sentenced to two years in prison by then Civil Division Judge Musa Ssekaana, now a Constitutional Court justice.
Ssemakadde has challenged the sentence and urged the Judiciary to hear his appeal, arguing that the case raises questions about freedom of expression and the limits of criticism directed at judicial officers. He thanked lawyer Steven Kalali, who petitioned the Constitutional Court, alongside co-lead counsel Paul Mukiibi and Caleb Alaka, for pursuing the case at their own expense but in the interest of his freedom.
Ssemakadde said the ruling brings him closer to returning to Uganda, where he intends to resume his leadership of the Uganda Law Society. "I have been vindicated by the Constitutional Court for the second time this year," he said. The first occasion was on March 17, 2026, when the Constitutional Court ruled in Alternative Digitalk and Others v Attorney General that Uganda was treaty-bound to repeal laws criminalising sedition, insult and the publication of false news.
The Constitutional Court's unanimous judgment was delivered by a five-judge panel led by Justice Cheborion Barishaki. Ssemakadde said he is one step closer to returning home to complete what he started. However, the effect of the ruling on the existing criminal proceedings and arrest warrant against him will depend on its operative orders and any consequential directions by the relevant courts.
It is not yet clear whether the decision, by itself, overturns his separate two-year contempt-of-court sentence. Ssemakadde has been relentlessly persecuted as a martyr for freedom of expression and opinion, particularly for the nonderogable right to insult and annoy public figures. He expressed gratitude to the lawyers who handled the matter, saying they did so in the interest of his freedom.
Key points
- The Constitutional Court ruled that Sections 115(1) and 115(3) of the Penal Code Act were discriminatory.
- Ssemakadde's prosecution was part of a campaign against him for his criticism of public officials and the Judiciary.
- The ruling brings Ssemakadde closer to returning to Uganda, where he intends to resume his leadership of the Uganda Law Society.
