By: Alexander Luyima

Imagine being arrested and locked away for more than two years—without ever appearing before a judge or even being told what you’re accused of. For far too many Ugandans, this isn’t a nightmare—it’s their reality.

Across Uganda, stories continue to emerge of individuals who are arrested and detained without ever being brought to court, convicted, or even formally charged. This is not only deeply unjust—it is unconstitutional.

Today, we’re talking about due process of law—a legal concept that every citizen should know and defend.

What is Due Process?

“Due process is not a luxury—it is a constitutional guarantee that protects every citizen from abuse of power,” says Hon. Shamim Malende, a seasoned human rights lawyer, advocate of the High Court, and Member of Parliament for Kampala District under the National Unity Platform (NUP).

“It ensures that no one is thrown behind bars without lawful justification. This is the heart of justice.”

In simple terms, due process means you have the right to know why you’re being arrested and to be brought before a court in a timely manner.

According to Article 23(4)(b) of the Ugandan Constitution, if someone is arrested, they must be brought before a court of law within 48 hours. If not, that detention becomes illegal.

What You Can Do: Know Your Rights

If you or someone you know is detained beyond the 48-hour window without being charged or taken to court, you have the right to apply for a writ of habeas corpus—a legal order that demands the detained individual be brought before a judge to determine whether the detention is lawful.

“This is how we protect ourselves from the arbitrary use of state power,” Hon. Malende emphasizes. “Habeas corpus is a constitutional safeguard, and every Ugandan should be aware of it.”

Why This Matters

Due process isn’t just about the law—it’s about freedom, dignity, and accountability. It’s the firewall that prevents political persecution, unlawful imprisonment, and state abuse. Without it, any citizen—regardless of innocence—could fall victim to injustice.

In a country where political arrests and illegal detentions are too common, understanding and demanding due process is more critical than ever.

Take Action:

Know your rights under Article 23 of the Constitution.

Speak up when you see unlawful detentions.

Seek legal support and apply for habeas corpus when needed.

Educate others—especially the youth—about their constitutional protections.

Have a legal question? Drop it in the comment section or DM me what you’d like to learn next.
Let’s keep each other informed and empowered.

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