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Uganda decisions
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Uganda v Rwigambwa (HCT-00-ICD-CR-SC 6 of 2021) [2023] UGHCICD 1 (13 April 2023)
The High Court’s International Crimes Division held that the prosecution failed to establish a prima facie case against Miria Rwigambwa on trafficking, forgery, and uttering false documents.
Uganda v andama (Criminal Revision Cause No. 8 of 2021) [2022] UGHCCRD 73 (10 March 2022)
The High Court held that sections 3 and 5 of the Prevention of Trafficking in Persons Act may be cited together in charging aggravated trafficking in children, and the charge sheet was valid.
Namata v Uganda (Criminal Miscellaneous Application 166 of 2021) [2021] UGHCCRD 68 (19 September 2021)
The High Court granted bail to a 17-year-old accused after she had spent over a year on remand, relying on mandatory juvenile remand limits under the Children Act.
Namata v Uganda (Criminal Miscellaneous Application 166 of 2021) [2021] UGHCCRD 108 (19 September 2021)
The applicant, a juvenile charged with a capital offence, has been on remand for a period far exceeding the statutory maximum of three months as stipulated under Section 91(5)(a) of the Children Act. The law is couched in mandatory terms, requiring release on bail after this period unless there is a serious danger to the child. The court found no such danger present and determined that all other considerations, including the risk of absconding, are secondary to the statutory mandate. The applicant is therefore entitled to bail as a matter of right, subject to the court's satisfaction regardin…
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Namata v Uganda (Criminal Miscellaneous Application 166 of 2021) [2021] UGHCCRD 102 (19 September 2021)
The court found that the applicant, a juvenile charged with a capital offence, had been on remand for a period far exceeding the statutory maximum of three months as stipulated under Section 91(5)(a) of the Children Act. The law is couched in mandatory terms, requiring release on bail once the statutory period is exceeded, regardless of the gravity of the offence. The court emphasized that, for juveniles, institutional detention should be avoided as much as possible, and that the overriding consideration is compliance with statutory timelines. The respondent's concerns about absconding and la…
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Uganda v Orwothwun (Criminal Sessions Case No. 0052 of 2017) [2017] UGHCCRD 416 (7 August 2017)
The court found that the prosecution failed to prove beyond reasonable doubt that the alleged victims were children, as there was no direct evidence such as birth certificates, parental testimony, or expert opinion, and the witnesses' opinions on age lacked disclosed grounds. The court also found insufficient evidence that the accused engaged in witchcraft or harmful rituals, as the items recovered and activities observed could not be conclusively linked to witchcraft without expert testimony or proof of common repute. Since neither the age of the victims nor the nature of the acts as witchcr…
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