Kampala, Uganda – August 18, 2025
Today, the Constitutional Court of Uganda is set to deliver a highly anticipated judgment in the case of Innocent Ngobi Ndiko & 4 Others v. Attorney General (Constitutional Petition No. 23 of 2020), a landmark challenge to Uganda’s archaic fault-based divorce system. The petitioners, represented by a team of lawyers including Nicholas Opiyo and Dr. Busingye Kabumba, seek to overturn provisions of the Divorce Act that they argue perpetuate injustice, emotional distress, and even domestic violence.
The Case at a Glance
The petitioners contend that Uganda’s current divorce laws—which require a spouse to prove adultery, cruelty, or desertion—are unconstitutional, adversarial, and exacerbate conflict in already strained marriages. They argue that the trial-like procedures in divorce cases delay justice, worsen acrimony, and undermine the protection of families and children.
Key Declarations Sought
- Unconstitutional Fault Requirement: The legal obligation to prove fault (adultery, cruelty, or desertion) violates constitutional rights.
- Trial-Like Procedures: The adversarial court process in divorce cases is inconsistent with constitutional guarantees.
- Judicial Overreach: Courts should not have discretionary power to force individuals to remain in unwanted marriages, infringing on personal freedoms.
The petitioners propose a shift to a “no-fault divorce” system, where a marriage can be dissolved upon proof of irretrievable breakdown, followed by mediation and fair resolution of ancillary issues like property division and child custody.
A Watershed Moment for Uganda
If successful, this case could revolutionize Uganda’s family law, aligning it with progressive jurisdictions that prioritize dignity, efficiency, and reduced conflict in divorce proceedings. The petitioners also seek an injunction to halt ongoing divorce cases that rely on the contested provisions.
Judgment Delivery
The judgment will be delivered at 10:30 AM today at the Constitutional Court in Kampala. The petitioners’ legal team will be present to receive the ruling, which could mark a historic step toward modernizing Uganda’s legal framework on marriage and divorce.
#HumanRights | #Uganda | #NoFaultDivorce
