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Uganda decisions
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PC Wamala and 2 Others v Uganda (Criminal Appeal No. 109 of 2016) [2022] UGCA 97 (23 March 2022)
The Court of Appeal quashed murder and aggravated robbery convictions after finding no trial within a trial for a challenged confession and no proper summing up to assessors.
Kasibante and Another v Uganda (Criminal Appeal No. 458 of 2016) [2022] UGCA 26 (11 February 2022)
The Court of Appeal found that although the charge and caution statements were correctly admitted as voluntary, they were expunged from evidence because both statements were recorded by the same police officer on the same day, which is irregular and creates a risk of fabrication. However, the court held that there was sufficient circumstantial evidence to uphold the convictions, including recovery of stolen items, tracking of a stolen phone, and corroborative testimonies. The court also found that the trial judge failed to consider the appellants' youthful age as a mitigating factor in senten…
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Uganda v Musita Byaruhanga and 2 Others (Criminal Session 138 of 2014) [2021] UGHCCRD 10 (5 August 2021)
The court found that the prosecution proved beyond reasonable doubt that Musita Byaruhanga David (A1) and Kumakech Patrick alias Okwera (A3) participated in the murder of Kulabako Monica. The evidence included corroborated charge and caution statements, recovery of items belonging to the deceased at A1's residence, and inconsistencies in A1's alibi. The court inferred common intention from the conduct and statements of the accused. The claim of coerced confession by A3 was dismissed as an afterthought, with no supporting evidence. The prosecution failed to prove the essential ingredient of th…
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Aramanthan & Another v Uganda (Criminal Appeal 715 of 2015) [2020] UGCA 2142 (20 November 2020)
The Court of Appeal set aside Aramanthan Hassan’s convictions, but upheld Niyonzima Richard’s conviction while reducing and clarifying his sentence.
Uganda v Serufuza Zaake and Another (Corruption Division HCT-00-AC-CN 21 of 2019) [2020] UGHCACD 10 (12 November 2020)
The appellate court found that the prosecution failed to discharge the burden of proof beyond reasonable doubt regarding embezzlement and conspiracy to defraud. The audit report and supporting documents were incomplete, unclear, and failed to conclusively link the respondents to the alleged offenses. The evidence did not establish the necessary elements of theft or conspiracy, and the involvement of other cashiers and lack of handwriting analysis created reasonable doubt. The confessions admitted were either improperly admitted or related to transactions not charged. The trial magistrate's ac…
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Sowedi Serinyina v Uganda [2020] UGSC 6 (8 May 2020)
The Supreme Court of Uganda upheld Sowedi Serinyina’s conviction and 33-year sentence for murder and aggravated robbery, finding corroboration for co-accused confessions.
Agaba & Anor Vs Uganda (Criminal Appeal No. 247 & 239 of 2017) [2019] UGCA 226 (30 July 2019)
The Court of Appeal found that the trial was fatally irregular due to the trial judge's failure to sum up the law and evidence to the assessors as required by section 82 of the Trial on Indictments Act. This omission was held to be a fatal procedural error that rendered the entire trial a nullity, as established by binding Supreme Court precedent. The court further found that the charge and caution statement was inadmissible because the prosecution failed to prove it was made voluntarily, especially in light of evidence of torture. Without the confession, the remaining evidence was purely cir…
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Kalongo & 2 Ors Vs Uganda (Criminal Appeal No. 530 of 2015) [2019] UGCA 170 (25 June 2019)
The Court of Appeal quashed the 1st appellant’s aggravated robbery conviction, reduced the 2nd appellant’s sentence, and upheld the 3rd appellant’s sentence.
Onegi & 5 Ors Vs Uganda (Criminal Appeal No. 29 of 2016) [2019] UGCA 23 (4 April 2019)
The Court of Appeal quashed murder and attempted murder convictions, finding the confession statements inadmissible and the identification evidence unsafe.
Ssebushumba & 2 Ors v Uganda (Criminal Appeal No. 358 of 2014) [2018] UGCA 58 (30 July 2018)
The Court of Appeal of Uganda quashed convictions for aggravated robbery after finding the confession evidence unsafe and the trial record incomplete.
