the court cannot abolish the death penalty because courts do not make laws...

the court cannot abolish the death penalty because courts do not make laws as that was Parliament's work, the Ugandan Constitutional Court heard. The State Attorneys representing the government on the death penalty petition told the judges led by Justice Galdino Okello, that court interpreted the laws but did not make them. 
"The duty of abolishing the death penalty relies on the Parliament who makes the laws. But this is not the right forum to discuss why they have not abolished it," State Attorney, Mr Benjamin Wamambe said.
He was opposing the plea by 417 condemned inmates that the said sentence be scrapped. Wamambe said that Article 126 of the Constitution, which derived judicial power, required courts to exercise their power in view, value, norms and aspirations of the people. The principal State Attorney, Mr Mike Chibitta, dismissed the petitioner's claim that the death penalty by hanging was cruel, degrading and inhuman.
"Since the punishment is constitutional, the framers of the Constitution had to devise the means of carrying out the sentence," he said.
On the issue of the long time spent in jail, Chibitta said it was to the advantage of the inmates. He said it gave the President enough time to exercise his discretion and some times pardons them.