Uganda v Muhoozi and Others (Criminal Application 140 of 2023) [2023] UGHCCRD 81 (28 August 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Application 140 of 2023
Judge
Elubu, J
The High Court held that revision does not lie against interlocutory orders, upheld the chief magistrate’s transfer powers, and struck out an amended charge sheet filed after DPP takeover.
Uganda ( Private Prosecutor Male H. Mabirizi) v Muhoozi Kainerugaba and 7 Others (Criminal Application 140 of 2023) [2023] UGHCCRD 64 (28 August 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Application 140 of 2023
Judge
Elubu, J
The High Court held that revision does not lie against an interlocutory order, upheld the Chief Magistrate’s transfer powers, and struck out an amended charge sheet filed after DPP takeover.
The Constitutional Court held that the discontinuation or withdrawal of criminal proceedings is the exclusive mandate of the Director of Public Prosecutions (DPP) under Article 120(3)(d) and 120(4)(b) of the Constitution. The amendment of the charge sheet to exclude A3, Katongole Joseph, without proper withdrawal by the DPP, was contrary to the Constitution. The Court found that the constitutional provisions regarding the DPP's powers are clear and unambiguous, and there was no substantial question of constitutional interpretation requiring reference to the Constitutional Court. The trial mag…
Nankindu v Uganda (Criminal Appeal 66 of 2020) [2021] UGHCCRD 61 (4 August 2021)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 66 of 2020
Judge
Elubu, J
The High Court dismissed a criminal appeal challenging amendment of a charge sheet, holding that interlocutory orders in magistrates’ criminal trials are not appealable.