The Constitutional court yesterday dismissed a petition filed by MIFUMI (U) Ltd an NGO advocating for women and girls’ rights challenging polygamous marriages.
MIFUMI had argued that polygamy is unconstitutional as it violates the guarantees of equality in marriages as enshrined under Article 21(1) of the Constitution.
But five justices led by the Deputy Chief Justice Alfonse Owiny Dollo dismissed the petition on a technicality after petitioners appeared not ready to proceed with the matter.
The lawyer representing MIFUMI, Ladislaus Rwakafuuzi informed them that Faisal Mularira Umar the lawyer representing Uganda Muslim Lawyers Association, wished to join the case as a friend of Court.
The judges then wondered that since the case where Mulalira had been all along, eight years since the case was filed.
The Judges then demanded to know whether Rwakafuuzi who did not even have instructions to represent the muslim lawyers, was ready to proceed to which he replied in the negative, arguing that his client was not in court.
Against this background the petition was dismissed.
But they left open, the possibility of another petition challenging polygamy in future.
What the ruling means for the time being is that polygamous marriages can still go on.