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Uganda decisions
Decisions matching the current search
Mbusa Philimon v Attorney General (Constitutional Petition No. 18 of 2022) [2025] UGCA 241 (21 July 2025)
The Constitutional Court held that a missing trial record causing over 12 years of appellate delay violated the petitioner’s fair hearing rights, but not equality rights.
Wakamala Alex & Mwandha Jamilu v Uganda (Criminal Revision 13 of 2025) [2025] UGHCCRD 26 (15 July 2025)
The High Court found that the magistrate's order of 5th April 2024, which banned audio and video recording of proceedings but allowed verified media to attend and report in print, was made in good faith for the effective management of the trial and to prevent breaches of the sub judice rule. The court held that the applicants' delay of nearly ten months in challenging the order was inexcusable, as significant evidence had already been adduced under the order's operation. Allowing the application would create inconsistency and prejudice witnesses who testified under the restriction. The court…
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Nuwagaba Tarasisi v Uganda (Criminal Application 30 of 2025) [2025] UGHC 519 (15 July 2025)
The court held that while the applicant had filed an appeal and attached the necessary documents, he failed to demonstrate any exceptional circumstances as required by law for the grant of bail pending appeal. The offence for which the applicant was convicted involved personal violence, and there was no evidence of grave illness, infancy, advanced age, or a certificate of no objection from the Director of Public Prosecutions. The court emphasized that the considerations for bail pending appeal are stricter than those for bail pending trial, and the applicant's submissions were more suited to…
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Uganda v Balyejusa Bruhan Kalyango alias Masiga (HCT-00-CM-0014-2025) [2025] UGHCICD 8 (14 July 2025)
The respondent, having been properly notified of his trial date and bail conditions, deliberately absconded and could not be located despite reasonable efforts by the authorities. His conduct constitutes a voluntary waiver of his right to be present at trial. The High Court, vested with jurisdiction under Article 28(5) of the Constitution and Section 37 of the Judicature Act, is empowered to order that criminal proceedings continue in the respondent's absence to avoid frustration of justice, multiplicity of proceedings, and prejudice to victims, witnesses, and co-accused. The right to a fair…
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Rutaremwa Edward v Uganda (Miscellaneous Application 33 of 2025) [2025] UGHC 518 (14 July 2025)
The court found that the applicant, aged 64, qualifies as a person of advanced age, which constitutes an exceptional circumstance under Ugandan law for bail pending appeal. The applicant was sentenced to one year and six months imprisonment and compensation, and has already served over three months, creating a real risk of completing the sentence before the appeal is heard. The applicant exercised his right of appeal, presented substantial sureties, and did not abscond while on bail during trial. The Supreme Court precedent in Arvind Patel vs Uganda was upheld, allowing a combination of two o…
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Uganda v Higenyi Muhammad (CRB No. 212 of 2023; Criminal Session No. 135 of 2024) [2025] UGHC 498 (10 July 2025)
The court found that while the prosecution proved the occurrence of sexual intercourse and lack of consent, it failed to prove beyond reasonable doubt that the accused was the perpetrator. The identification evidence was based solely on the complainant's testimony, which was not corroborated by any other witness or physical evidence such as the phone allegedly used for identification. The absence of further investigative steps, such as forensic analysis or corroborative testimony from the first person the complainant reported to, weakened the prosecution's case. The court also noted the exist…
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Uganda v Otim Peter Alias Master (Criminal Session Case 127 of 2024) [2025] UGHC 526 (10 July 2025)
The court found that the prosecution failed to discharge its burden of proof beyond reasonable doubt on all essential ingredients of aggravated robbery. The evidence was primarily based on the sole testimony of PW1, which lacked corroboration and was undermined by the absence of physical exhibits (motorcycle, gun, cartridges), medical evidence, and testimony from key witnesses such as the Investigating Officer and Scene of Crime Officer. The conditions for identification were not sufficiently reliable, and the prosecution's omissions prejudiced the accused's right to a fair trial. The accused…
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Uganda v Baijusa Bruhan Kalyango alias Masiga (HCT-00-ICD-SC-0003-2018) [2025] UGHCICD 9 (10 July 2025)
The Respondent, having been granted bail and adequately notified of his trial obligations, deliberately absconded and failed to appear in court despite repeated summonses and public notices. His conduct constitutes a voluntary waiver of his right to be present at trial. The court, guided by constitutional and statutory provisions, as well as persuasive case law, finds that the interests of justice, public policy, and the rights of co-accused and victims outweigh the Respondent's absence. The trial may lawfully proceed in his absence, as discontinuing the case would undermine public confidence…
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Uganda v Nakaweesi Jane and Others (Criminal Session No. 191 of 2023) [2025] UGHC 499 (10 July 2025)
The High Court acquitted Ssengabi Ronald of aggravated robbery after finding the prosecution failed to prove use of a deadly weapon or his participation beyond reasonable doubt.
Soita Gregory Kanyike alias Wandeme Nicholas v Uganda (Criminal Appeal No. 111 of 2020) [2025] UGCA 222 (10 July 2025)
The Court of Appeal upheld the conviction and plea bargain but found the sentence illegal for failing to deduct 3 years and 8 months spent on remand.
