Uganda Case Law

Muhanguzi Kashaka v Uganda

Muhanguzi Kashaka v Uganda (Miscellaneous Application 18 of 2019) [2020] UGSC 62 (4 March 2020)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 18 of 2019

Judge

Tibatemwa-Ekirikubinza, JSC

The court held that bail pending appeal is an exceptional remedy, especially after conviction by two lower courts. The applicant, though of good character, advanced age, and a first offender, did not demonstrate exceptional or unusual circumstances justifying release. The seriousness of the offence—causing substantial financial loss to the government—outweighs factors such as lack of personal violence or compliance with previous bail conditions. The court found that the likelihood of success of the appeal was not sufficiently established, particularly as the record of proceedings was not prov…

Source excerpt

• Bail Pending Appeal
• Causing Financial Loss
• Anti Corruption Offences
• Exceptional Circumstances
• Judicial Discretion

Uganda Revenue Authority v Nsubuga & Anor

Uganda Revenue Authority v Nsubuga & Anor [2019] UGSC 15 (18 February 2019)

Court

Supreme Court of Uganda

The Supreme Court granted an interim stay of a retrial in a criminal anti-corruption case, pending determination of the applicant’s main stay application.

• Stay Of Proceedings
• Interim Orders
• Notice Of Appeal
• Retrial
• Anti Corruption Offences
• Stay-of-proceedings

Ocira & 2 Ors v Uganda (HCT-00-AC-CN 2 of 2014)

Ocira & 2 Ors v Uganda (HCT-00-AC-CN 2 of 2014) [2014] UGHCACD 312 (8 August 2014)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-AC-CN 2 of 2014

The court found that the appellants were improperly joined in a single charge sheet for offences that occurred on different dates, at different times, and involved different activities, contrary to Section 87 of the Magistrates Court Act. There was no evidence that the offences were committed in the same transaction or jointly. This misjoinder rendered the charge sheet bad in law, resulting in a violation of the appellants' right to a fair hearing as protected by Article 44(c) of the Constitution. The trial was fundamentally flawed, and the convictions, sentences, and orders of the trial Chie…

Source excerpt

• Misjoinder Of Charges
• Right To Fair Hearing
• Criminal Appeal Procedure
• Anti Corruption Offences