A Ugandan court has dismissed the first case brought under the country’s 2023 Anti-Homosexuality Act, a law that drew international outrage for introducing harsh penalties — including the death sentence — for certain same-sex acts.
The legislation, which has been referred to by critics as the “Kill the Gays Bill,” defines “aggravated homosexuality” as acts such as transmitting HIV during sexual intercourse, or engaging in same-sex activity with a minor or an elderly person.
From Death Penalty to Dismissal
The accused, a 25-year-old man from Soroti in northeastern Uganda, was initially charged in August 2023 with “unlawful sexual intercourse” with a 41-year-old man — an accusation that could have resulted in the death penalty under the new law.
After spending nearly a year in detention awaiting trial, prosecutors downgraded the charge in January 2024 to “unnatural offences of having carnal knowledge against the order of nature” — a colonial-era law still on the books, carrying a maximum life sentence.
Legal proceedings dragged on for two more years until the case took a dramatic turn this week.
Judge Rules Accused Mentally Unfit
On Monday, the presiding judge ruled that the man was mentally unfit to stand trial. His lawyer, Douglas Mawadri, told AFP:
“My client is mentally unstable and does not understand the trial process.”
Mawadri added that the man had been diagnosed with schizophrenia and psychosis, conditions allegedly worsened by his prolonged time in custody.
Widespread International Condemnation
The Anti-Homosexuality Act 2023 was met with fierce international criticism when it passed.
“Australia is deeply troubled by Uganda’s Anti-Homosexuality Bill,” said Australian Foreign Minister Penny Wong in May 2023.
“It is a shocking reversal of human rights, a grave threat to lives and risks decades of health and development progress.
Australia stands with the people of Uganda, including the LGBTQIA+ community.”
Health experts also raised alarms. UNAIDS, the Global Fund, and the US President’s Emergency Plan for AIDS Relief (PEPFAR) warned that Uganda’s gains in HIV treatment and prevention were “in grave jeopardy” due to the law’s discriminatory impact.
“The stigma and discrimination [of the laws] has already led to reduced access to prevention as well as treatment services,” the organisations said.
Economic Fallout
In direct response to the bill’s passage, the World Bank suspended funding to Uganda for two years. Funding was only resumed in 2025.
The court’s dismissal of this first case under the law marks a turning point — though it highlights the dire human impact of the legislation, particularly for those held for extended periods without trial.
