Overview:
Justice Wamala ruled that claims of confidentiality and national security, as raised by the Government, could not be substantiated without the documents first being examined by the court.
The High Court in Kampala has directed the Government of Uganda to produce for court inspection a set of confidential documents related to the controversial Intelligent Transport Monitoring System (ITMS), a surveillance project being implemented by the Russian firm Joint Stock Company Global Security.
The ruling, issued Friday by Civil Division Judge Boniface Wamala, follows a successful application by Legal Brains Trust (LBT), a public interest watchdog led by Senior Counsel Isaac Ssemakadde. The organisation is seeking greater transparency around the ITMS project, which aims to digitally monitor all vehicles and motorcycles in Uganda.
Legal Brains Trust, represented by Advocate Stanley Okecho, filed the suit in 2021 under Miscellaneous Cause No. 225 of 2021, demanding disclosure of records and agreements tied to the implementation of the project.
In a decision hailed by transparency advocates, the court ordered the Government to produce within 60 days several key documents, including:
- The memorandum of understanding and the main agreement with the Russian firm;
- The project’s financial model;
- The due diligence report;
- The technical and financial assessment reports referenced in the government’s own affidavit.
These documents were previously cited by Haji Yunus Kakande, Secretary in the Office of the President, in his affidavit defending the Government’s handling of the matter.
Justice Wamala ruled that claims of confidentiality and national security, as raised by the Government, could not be substantiated without the documents first being examined by the court. He emphasized that courts have the authority to compel disclosure of documents even when privilege is claimed, as long as such disclosure is necessary for fair adjudication or to reduce legal costs.
“The court can inspect documents to determine whether confidentiality or privilege actually applies,” Justice Wamala stated, adding that any sensitive content could be protected from public disclosure through appropriate court orders.
He ruled that the documents must be produced solely for inspection and use in court, and that neither party may publish or disclose the contents without prior court approval. Costs will be determined during the main proceedings.
Speaking after the ruling, LBT’s lawyer Stanley Okecho described the court’s decision as a victory for democratic accountability. “This is a positive step. The Court is upholding transparency as a tenet for a functioning democracy. We expect the Government to appeal, but we’re ready to sweep out secrecy in matters touching the public purse,” he said.
Ssemakadde, currently in exile, welcomed the decision, calling it “marvellous news after an epic four-year battle” and “a lifeline for the rule of law.”
The ITMS project was first announced in 2021 and involves fitting all vehicles and motorcycles with tracking devices to allow real-time monitoring. Government officials cited a surge in urban crime and the unresolved killings of public figures as justification for the system.
Security Minister Jim Muhwezi, in a June 2021 address, confirmed Cabinet had approved the project, with motorists expected to bear the cost of installing electronic number plates containing signal transmitters. The project stems from President Museveni’s 2018 ten-point security plan following a wave of assassinations.
The project, slated to run for 10 years, is structured under a revenue-sharing model: the Russian firm takes 70% of the penalty fees in the first two years, with the government receiving 30%. By the sixth year, the revenue share flips in the Government’s favour.
The ruling marks the second major legal challenge to the ITMS. In 2021, lawyer Male Mabirizi also sought access to the same documents but was denied. However, a court later awarded him Shs5 million for the violation of his right to access information under the law.
Legal Brains Trust has additionally asked for more detailed records regarding project oversight, standard operating procedures, the composition and activities of the technical committee, and justification for the system’s rollout—especially claims linking it to rising crimes by motorcycle riders.
Whether this ruling will finally open the lid on what has been one of Uganda’s most secretive security projects remains to be seen. But for now, transparency advocates have scored a significant victory in the courts.