After deliberating for nearly two years, history was made on October 8, 1995, when the 1995 Constitution of Uganda was promulgated, coinciding almost exactly with the 33rd anniversary of Uganda’s independence from Britain.
Three weeks prior, on September 22, 1995, the Constitution had been formally adopted by the Constituent Assembly.
The 1995 Constitution introduced term and age limits for the presidency, alongside a robust bill of rights emphasising citizens’ ability to determine their own governance. It was heralded as a framework that would guarantee a safe future for Uganda and provide avenues for meaningful participation in governance.
At the time, President Museveni had himself acknowledged that one of Africa’s challenges was leaders staying too long in power. Yet in August 2005, the term limit provision was removed, clearing the path for Museveni to rule without restriction.
Many Ugandans had assumed age limits might serve as a natural barrier. That assumption proved incorrect when, around 2017, the remaining age limit was removed amid a dramatic parliamentary showdown. Opposition members attempting to block the amendment were forcibly removed by the Special Forces Command, soldiers, enshrining what critics call a ‘life presidency’ into the Constitution once celebrated as progressive.
Perspectives from makers
Mr Kintu Musoke, a former prime minister of Uganda, recalled the tense debates during the Constituent Assembly sessions. ‘I was the chairperson of the Buganda caucus, and one of the demands of Buganda was granting it federal status. However, I had a difficult task convincing my colleagues that this would not be possible, and eventually, we settled for a unitary government,’ he said.
Mr Musoke reflected that past political experiences-from independence through successive regimes to Mr Museveni’s ascension with his Bush War colleagues-shaped the deliberations.
‘We had seen what happened during past regimes. When we set to debate this Constitution, we made sure it would stand the test of time. We made it the most progressive Constitution the world had ever witnessed. When you see later amendments, it is because our Constitution is dynamic and progressive,’ he added.
Yet Mr Musoke acknowledged the regrets arising from later events, particularly the removal of term and age limits. ‘While making this Constitution, we didn’t envision that we would have a family rule as it is today. We never thought it would be the father, the wife, the son, and relatives dominating the affairs,’ he said.
Chief Justice Alfonse Owiny Dollo, a participant in the 1995 Constitution framing, said Articles 102 and 105 were designed to ensure power rested with institutions rather than individuals.
‘People believe leaders should come, serve, and go, not peg the country on the strength of one individual, however good the person is, because we are only human,’ he said.
‘We should be the system, not the person. It is good to have strong and devoted leaders who love their country,’ he added.
Justice Owiny Dollo explained that strong institutions were meant to guarantee Ugandans the ability to participate in governance.
‘The strength of the Constitution is our respect for the Constitution. We put term and age limits to ensure people serve a specific period of time and not beyond certain age limits,’ he said. Recalling the original intent, Justice Owiny Dollo noted the nationwide consultations and community engagements led by the Odoki Commission during the drafting process.
Wide consultations
‘The 1967 Republican Constitution was debated by academia and fora, but in 1995, nothing beats it in terms of consultation. The Odoki Commission went to all sub-counties, including war-affected areas, and came up with that document. It shaped the army’s role, participation of citizens, and the type of institutions we wanted,’ he said. Despite the rigorous process, Justice Dollo expressed regret that Articles 102 and 105 were not entrenched to require a referendum for amendments.
‘How could we, especially lawyers, be so foolish? How could we be lulled into not strengthening provisions for term limits? We left it as any other provision, which is why it was easy for Parliament to remove term and age limits. We did not secure it properly. That is a mistake we made in the past,’ he said.
Critiques from political veterans
Mr Peter Walubiri, a Uganda Peoples Congress stalwart and Constitution maker, argued that the 1995 Constitution was designed to entrench Museveni’s rule. ‘They largely ignored the fact that this Constitution was built on quicksand. When you see this Constitution faltering and being reduced to a mere piece of paper, the foundation was shaken. When President Museveni overthrew the Okello Junta by force of arms, he set out never to build a democratic society but to entrench himself in office,’ he said.
Mr Walubiri criticised the Constituent Assembly itself as a partisan body.
‘The rules for the election of the Constituent Assembly barred political parties from fielding delegates, claiming we were in a no-party democracy.
Inside the Assembly, there was an NRM caucus. Those opposed formed their own caucus, but because the elections were managed by the NRM, the majority of delegates served its interests,’ he said.
He said the Assembly’s skewed structure laid the groundwork for long-term dominance. ‘The seed for Museveni to entrench himself was planted in the rules for the election to the Constituent Assembly.
Article 69 barred political parties from participating in subsequent elections. Museveni got artificial majorities and continued building them up,’ he explained. By the time multi-party democracy was reinstated, Mr Walubiri said, it was too late to establish a truly pluralistic society.
‘Museveni manipulated the process, entrenched the NRA, which he calls NRM, as the dominant political force. This is by design, not coincidence,’ he said.
Concentration of power
Mr Walubiri argued that the biggest flaw in the Constitution was the concentration of power in the presidency. ‘The Constitution made good provisions: a strong bill of rights and many democratic institutions. But as long as power was concentrated in one man and his party, the Constitution could not be implemented or grow. It remained a stunted caricature,’ he said.
He cited how Mr Museveni has ignored the Bill of Rights, detained individuals beyond 48 hours without court access, appointed compliant judges, and exercised parliamentary control through the NRM majority.’
NRM is Mr Museveni. There is no real party structure. He has stifled democratic growth since 1986, banned political parties, and institutionalised corruption,’ Mr Walubiri said.
Reflections and lessons
The framers, including Justice Owinty Dollo and Mr Musoke, expressed that the Constitution’s failure to prevent long-term rule reflects a gap between intent and legal entrenchment. While the Constitution remains a model of citizen consultation and progressive rights, subsequent amendments have undermined its ability to safeguard Uganda’s democratic processes.
‘Read my judgment on the age limit petition,’ Justice Owiny Dollo said.
‘Uganda needed to test the Constitution. Discussions could have addressed deficiencies or limitations within the vision of the framers. That did not happen, and we see the consequences today,’ he added.
Mr Musoke added: ‘We made the Constitution with the intention that it would endure. The amendments show its dynamism, but they also reveal the risks of not fully securing critical provisions.’
Mr Walubiri concluded that while the Constitution offered a legal framework, it was designed and implemented under partisan conditions favouring long-term incumbency.
‘By concentrating power in the hands of one man and his party, the Constitution was vulnerable from the start,’ he said.
Thirty years on, the 1995 Constitution is celebrated for its extensive public participation, progressive bill of rights, and clear intent to balance governance and citizen participation. Yet, the removal of term and age limits has altered the trajectory foreseen by its framers, highlighting the tension between constitutional design and political practice.
As Uganda approaches future elections, the legacy of the 1995 Constitution continues to influence debates on governance, democracy, and institutional integrity.
Key Provisions of the 1995 Constitution
Bill of Rights: Guaranteed citizens’ fundamental freedoms and participation in governance.
Term Limits: Originally limited the president to two terms (removed in 2005).
Age Limits: Set an age ceiling for presidential candidates (removed in 2017).
Unitary Government: Rejected federalism after Buganda caucus negotiations.
Democratic Institutions: Established structures for Parliament, Judiciary, and independent commissions