Uganda Case Law

Kawunde & 2 Others v Uganda

Kawunde & 2 Others v Uganda (Criminal Appeal 468 of 2020) [2024] UGCA 68 (26 March 2024)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 468 of 2020

Judge

Buteera, DCJ, Gashirabake, JA, Kihika ,JA

The Court found that the prosecution failed to adduce corroborative evidence placing the 2nd and 3rd Appellants at the scene or proving their participation in the torture and abduction of the victim. The only evidence implicating them was an uncorroborated statement by PW6, which was inconsistent with her police statement and required corroboration. The defence of alibi raised by the 3rd Appellant was not disproved by the prosecution, and the evidence of other witnesses supported the Appellants' non-participation. Accordingly, the convictions of the 2nd and 3rd Appellants were quashed and the…

Source excerpt

• Abduction With Intent To Murder
• Aggravated Torture
• Defence Of Alibi
• Sentencing Principles
• Evaluation Of Evidence

Kawunde & 2 Others v Uganda

Kawunde & 2 Others v Uganda (Criminal Appeal 468 of 2020) [2024] UGCA 69 (26 March 2024)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 468 of 2020

Judge

Buteera, DCJ, Gashirabake, JA, Kihika ,JA

The Court of Appeal found that the conviction of the 2nd and 3rd appellants was based on uncorroborated evidence, as the only testimony implicating them was not supported by other evidence or their own statements. The prosecution failed to place them at the scene or prove their participation beyond reasonable doubt, and the 3rd appellant's alibi was not disproved. Accordingly, their convictions were quashed and they were acquitted. Regarding the 1st appellant, the court found that the trial judge's sentence did not sufficiently consider mitigating factors such as the guilty plea and time spen…

Source excerpt

• Abduction With Intent To Murder
• Aggravated Torture
• Evaluation Of Evidence
• Defence Of Alibi
• Sentencing Principles

Mackenzie Leigh Mathis Spence and Another v Uganda

Mackenzie Leigh Mathis Spence and Another v Uganda (Criminal Miscellaneous Application No. 20 of 2023) [2023] UGHCCRD 15 (22 March 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application No. 20 of 2023

Judge

Muwata, J

The High Court granted bail to two applicants charged with aggravated trafficking in children and aggravated torture, relying on medical grounds and lack of proven flight risk.

• Bail Application
• Aggravated Trafficking In Children
• Aggravated Torture
• Flight Risk
• Exceptional Circumstances
• Sureties

Mutesi v Uganda

Mutesi v Uganda (Criminal Miscellaneous Application No. 57 of 2020) [2022] UGHC 78 (9 August 2022)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application No. 57 of 2020

Judge

Nakachwa, J

The Applicant has been on remand for approximately four years without trial, exceeding the statutory period for mandatory bail under Article 23(6) of the Constitution. She has demonstrated a fixed place of abode and presented substantial sureties, whose identities and commitments were not challenged by the Respondent. The gravity of the offence and fears of abscondment or interference with witnesses are insufficient grounds to deny bail, as the presumption of innocence prevails until proven guilty. The requirement for exceptional circumstances in bail applications for capital offences has bee…

Source excerpt

• Bail Pending Trial
• Remand Periods
• Aggravated Torture
• Presumption Of Innocence