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8 Sept 2021

Criminal Law [2021] UGHCACD 7

Opiyo v Uganda

Opiyo v Uganda (Civil Miscellaneous Application No. 16 of 2021) [2021] UGHCACD 7 (8 September 2021)

Court: HC: Anti corruption Division (Uganda)
Case number: Civil Miscellaneous Application No. 16 of 2021
Judge: Gidudu, J

The court found that while there was inordinate delay between December 2020 and September 2021 in prosecuting the applicant, the delay was substantially caused by the Covid-19 pandemic and related lockdowns, which restricted government operations and impeded investigations. The court held that the prosecution must balance its right to prosecute with the accused's right to a fair and speedy trial. Given that the State is now ready to proceed, the court declined to immediately terminate the trial but imposed a strict timeline: the prosecution must commit the applicant for trial and disclose its…

Source excerpt

Money Laundering
Right To Speedy Trial
Abuse Of Process
Bail And Pretrial Rights

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2 May 2018

Constitutional Law [2018] UGCC 3

Basajabalaba & Anor v Attorney General

Basajabalaba & Anor v Attorney General (Constitutional Petition No. 12 of 2013) [2018] UGCC 3 (2 May 2018)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition No. 12 of 2013
Judge: Kasule, JCC

The Constitutional Court found that the DPP and Uganda Police Force violated the petitioners' constitutional rights by arresting, detaining, and re-charging them on the same facts without first withdrawing the earlier charges, and by cancelling their bail without a hearing. However, the violations, while high-handed and deplorable, did not reach the aggravated threshold necessary to justify a permanent stay of proceedings or discharge of the petitioners. The Court held that the proper remedy for such violations is compensation, not acquittal or prohibition of prosecution. The Court further he…