Namwendi v Uganda
Namwendi v Uganda (Criminal Appeal 244 of 2015) [2024] UGCA 82 (8 April 2024)
The Court of Appeal held that Article 23(8) of the Constitution requires mandatory deduction of the period spent on remand from any sentence of imprisonment. The plea bargain agreement does not waive this constitutional right. Although the trial judge sentenced the appellant before the Supreme Court's decision in Rwabugande Moses v Uganda, the appeal was still pending, and the rule in Attorney General v Susan Kigula and 417 Others mandates that new constitutional interpretation applies to unresolved cases. Therefore, the Rwabugande rule on arithmetic deduction of remand time must be applied.…
Source excerpt
- Sentencing Guidelines
- Remand Deduction
- Plea Bargain
- Constitutional Rights
- Application Of Precedent