Uganda’s Constitutional Court has ruled that polygamy is lawful under the country’s Constitution, rejecting a legal challenge brought by the Women’s Probono Initiative (WPI), a Kampala-based non-profit group.
The case, decided on 10 July in Women’s Probono Initiative v Attorney General, was dismissed in full by a five-judge panel.
The court said polygamy does not violate rights to equality, dignity, or protection from inhuman treatment.
Justice Margaret Tibulya, who wrote the court’s 46-page decision, stated that Uganda’s laws already recognise and regulate polygamous unions through legislation like the Customary Marriage (Registration) Act and the Marriage and Divorce of Mohammedans Act.
These laws operate within Uganda’s legal system, which supports multiple forms of marriage based on culture and religion.
WPI had argued that polygamy harms women emotionally, socially, and economically.
They also pointed to risks such as unequal property rights and increased exposure to HIV.
But the court found no strong evidence linking these issues directly to polygamy as a practice, and said such concerns must be addressed on a case-by-case basis.
The court explained that polygamous and monogamous marriages are legally distinct, so they cannot be compared under the same legal standards.
It also ruled that polygamy does not amount to cruel or degrading treatment unless it involves coercion or lack of consent, which is already illegal.
The court further ruled that Uganda’s obligations under international treaties like CEDAW and the Maputo Protocol do not overrule the Constitution unless those treaties have been formally adopted into national law.
All six legal grounds presented by WPI were rejected. No orders or declarations were granted, and each party will cover its own legal costs.
WPI has since announced plans to appeal the ruling in the Supreme Court.