Case Law Database
Mbabazi v. The Attorney General & National Environmental Management Authority
| Date of Application: | Thu, 20 Sep 2012 |
|---|---|
| Decision Making Body: | High Court of Uganda |
| Law Applied: | Ugandan Constitution |
| Keywords: | Climate mitigation, public trust |
Mbabazi and others v. The Attorney General and National Environmental Management Authority (Case no. 283/2012)
At Issue: Ugandan government's obligations to mitigate climate change pursuant to the public trust doctrine.
Summary: In 2012, the plaintiffs sought declaratory and injunctive relief on behalf of four Ugandan minors. They argue that article 237 of the Ugandan Constitution makes the government of Uganda a public trustee of the nation's natural resources—including its atmosphere—and that articles 39 and 237 require the government to preserve those resources from degradation for both present and future generations. Citing multiple examples of damage and loss of life resulting from extreme weather events, the plaintiffs allege that the government has breached its constitutional duty. In addition to asking the court to declare that the government is violating its public trust duty by not addressing climate change and thereby failing to prevent present and future harms, the plaintiffs request several forms of injunctive relief, such as orders compelling the government account accurately for nationwide greenhouse gas emissions and developing a plan to mitigate those emissions.
After a preliminary hearing, the High Court ordered the parties to undertake a 90-day mediation process, but no effective progress has been forthcoming. In 2025 the court allocated a hearing date for 15 September 2025.
Summary provided courtesy of the Sabin Centre
Court documents:
Related CRC articles
- 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
The applicants allege a violation of their right to a clean and healthy environment.
Involvement of children in hearings
- Other
The children did not depose to affidavits, nor are their names, ages, or personal circumstances mentioned.
Applicant: Four minors “suing through their next friend” Kenneth Kakuru, and a local NGO “on their own behalf and on behalf of all children of Uganda born and unborn and in public interest.”
Future generations
The applicants say they sue “on their own behalf and on behalf of all children of Uganda born and unborn and in public interest.”
Complaint:
Par 12(d) “... the constitution imposes a duty on government as public trustee to ensure that the atmosphere is free from pollution for the present and future generations.”
Outcome of decision for the applicants
- Decision pending
Involvement of NGO/law firm in application
Age range of litigants
- 13-17
Number of children or youth involved
4