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Uganda decisions
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Uganda v Rukasurwa alias Sebataka and 8 Others (Criminal Session Case 207 of 2023) [2025] UGHC 114 (25 January 2025)
The High Court convicted A2, A4, and A7 of aggravated robbery, arson, and malicious damage, but acquitted them of assault and unlawful wounding.
Kyomugisha v Uganda (Criminal Appeal 261 of 2017) [2024] UGCA 177 (17 July 2024)
The Court of Appeal found that the plea bargaining agreement was valid and legally rooted in the Constitution and the 2014 Guidelines, even though the Judicature (Plea Bargain) Rules were enacted later. The appellant was represented by counsel, the charges and facts were explained, and the plea taking procedure was properly followed. The sentence was agreed upon by both parties, and the trial judge deducted the remand period. There was no evidence of involuntariness or procedural irregularity. The court reaffirmed that it will not interfere with a sentence agreed upon in a valid plea bargain…
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Ngongo & Another v Uganda (Criminal Appeal 126 of 2017) [2024] UGCA 51 (5 March 2024)
The Court of Appeal upheld one appellant’s murder and arson convictions, quashed the other’s convictions, and reduced the surviving sentence after correcting remand credit.
Uganda v Bagaga & 2 Others (Criminal Session 129 of 2018) [2024] UGHC 107 (30 January 2024)
The court found that the prosecution failed to adduce sufficient, credible, and consistent evidence to prove the essential ingredients of murder, arson, and conspiracy to commit a felony against the accused persons. The post mortem reports established death by fire, but the evidence regarding the cause of fire, malice aforethought, and participation of the accused was riddled with grave contradictions and inconsistencies. The forensic investigation was inconclusive and relied on hearsay. Identification evidence was unreliable due to conflicting witness accounts about the accused's actions, at…
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Okullo v Uganda (Criminal Miscellaneous Application 12 of 2022) [2023] UGHCCRD 54 (18 August 2023)
The High Court at Soroti refused bail to an accused charged with murder and arson, finding no exceptional circumstances and no proved fixed abode.
Uganda v Mugarura Willy (Criminal Session Case 221 of 2020) [2023] UGHCCRD 178 (10 May 2023)
The court found that the prosecution had proved beyond reasonable doubt all essential elements of both murder and arson. The postmortem report confirmed the unlawful death of Kyazze Dan by burning, and witness testimony placed the accused at the scene, both through direct identification and circumstantial evidence such as his suspicious behavior, the presence of petrol components at his home, and his prior threats. The accused's alibi was discredited by consistent and corroborated witness accounts. The court held that malice aforethought was established by the nature and extent of the burns,…
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Omirembe and 2 Others v Uganda (Criminal Appeal 27 of 2017) [2023] UGCA 134 (28 April 2023)
The Court of Appeal found that the trial judge properly evaluated the evidence and that the prosecution proved all essential ingredients of aggravated robbery and arson beyond reasonable doubt. The identification evidence was reliable, as the offences occurred in broad daylight, the appellants were known to the witnesses, and the attack was prolonged, allowing ample opportunity for observation. The alleged inconsistencies in the prosecution's case were not material and did not go to the root of the matter. The defence of alibi was considered but found unconvincing. On sentencing, the court ag…
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Kayiza Siraji v Uganda (Criminal Miscellaneous Application No. 92 of 2022) [2023] UGHC 46 (30 March 2023)
The High Court of Uganda at Mukono granted Kayiza Siraji bail pending appeal, relying on his advanced age, fixed abode, sureties, and likely appeal delay.
Omara v Uganda (Criminal Appeal 76 of 2020) [2023] UGCA 135 (18 March 2023)
The Court of Appeal found that the trial judge properly evaluated the evidence and correctly applied the law regarding aggravated robbery and arson. The prosecution proved all essential ingredients of the offences beyond reasonable doubt, including theft, use of violence, possession of deadly weapons, and participation of the accused. Identification evidence was reliable, as the offences occurred in broad daylight and the appellants were known to the witnesses. The alleged contradictions and inconsistencies in the prosecution's case were not material and did not affect the reliability of the…
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Kimenyi and Another v Uganda (Criminal Appeal No. 19 of 2021) [2021] UGHCCRD 18 (5 November 2021)
The High Court dismissed a criminal appeal against convictions for arson and malicious damage, upholding the trial court’s findings on identification, alibi, and sentence.
