Attorney General advises against strict restrictions on analytical labs

Gen David Muhoozi (2nd R) presented the AG's advice to the committee
Posted On
Thursday, 19th March 2026

Government has defended its decision to retain flexible controls in the proposed Forensic and Scientific Analytical Services Bill, 2025, despite concerns over the role of private laboratories, regulatory overlap, and the integrity of forensic evidence in criminal justice.

Appearing before the Defence and Internal Affairs Committee on Thursday, 19 March 2026, the Minister of Internal Affairs, Gen David Muhoozi presented legal advice from the Attorney General, Hon. Kiryowa Kiwanuka signalling government’s reluctance to adopt strict statutory safeguards.

The meeting chaired by Hon. Wilson Kajwengye focused on harmonising contentious provisions in the Bill particularly the regulation of forensic laboratories and their role in criminal investigations.

The Bill under consideration comes following the withdrawal of the earlier Forensic Evidence Bill, 2024, which government said required substantial changes that would have altered its original intent.

In the new Bill seeks to  allow private laboratories to conduct forensic and scientific analyses under a licensing framework, rather than limiting such work to state institutions.

The Office of the Director of Public Prosecutions (ODPP) had warned that permitting private entities to handle forensic evidence could compromise the chain of custody and weaken the credibility of court processes.

However, the Attorney General advised that the provision should be maintained noting existing gaps in oversight.
“I note that several private laboratories in Uganda currently conduct forensic and analytical work without any form of regulation or oversight,” Muhoozi said.

Under the Bill, all analytical laboratories, including private ones, will be licensed and regulated by the Ministry of Internal Affairs, and required to operate independently.
“An analytical laboratory shall… act independently and shall not be subject to the direction or control of any person,” the Attorney General advised.

Despite these safeguards, Members of Parliament raised concerns about whether the framework adequately protects the integrity of forensic evidence.

Bukooli Island County MP, Hon. Peter Okeyoh argued that restricting forensic services to government institutions will undermine the right to a fair hearing.
“A person will say… I need another confirmatory test. GAL has tested, maybe police has tested, but he says no, I need another,” Okeyoh said.

The Solicitor General, Pius Perry Biribonwoha said courts require room for independent expert opinions.
“Someone can ask for a second opinion. I do not think we can do much by saying a report from this lab shall be conclusive,” he said.

Concerns about conflict of interest and institutional overlap emerged, particularly with the designation of the ministry’s Department of Inspection and Legal Services as the regulator.

In response, the Attorney General clarified that the department’s role will be limited.
“Its role would not extend to the regulation or direction of criminal investigations, which remain the mandate of the Uganda Police Force and the Office of the Director of Public Prosecutions,” Muhoozi said.

Government also rejected proposals to make international accreditation standards mandatory.
“International accreditation… is voluntary in nature and therefore, cannot be imposed as a mandatory legal requirement,” he added.

Instead, the Bill allows for gradual adoption of best practices through administrative measures.

On concerns about duplication, particularly regarding the Government Analytical Laboratory (GAL), the Attorney General said the proposed forensic database will complement existing systems.
“The Bill does not seek to replicate existing biometric or identity databases but rather to supplement them with scientific and forensic data,” the advice states.

Similarly, integration with systems such as fingerprints and facial recognition will be handled administratively.
“Such integration is primarily a matter of administrative and technical implementation rather than statutory mandate,” Muhoozi noted.

The Bill also retains GAL as the national referral forensic laboratory, a move government says is intended to provide a central specialised resource without undermining other institutions.

The Bill further expands GAL’s role into poison control, positioning it as the National Poison Information and Control Centre, with a mandate focused on coordination and technical guidance rather than direct emergency services.