Uganda Case Law

Bariburuhe v Uganda

Bariburuhe v Uganda (Criminal Miscellaneous Application 2 of 2025) [2025] UGHC 271 (13 May 2025)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 2 of 2025

Judge

Karoli Lwanga Ssemogerere, J

The applicant failed to establish exceptional circumstances as required under Section 16(3) of the Trial on Indictments Act for capital offences of murder and aggravated robbery. The application and supporting affidavit did not provide evidence or computation to substantiate entitlement to mandatory bail under Article 23(6)(c) of the Constitution. The applicant's age (approximately 40 years) does not qualify as infancy or advanced age, and no grave illness or certificate of no objection from the DPP was presented. The court found that the grounds advanced were insufficient for favorable exerc…

Source excerpt

• Bail Application
• Presumption Of Innocence
• Mandatory Vs Discretionary Bail
• Exceptional Circumstances
• Capital Offences
• Court Discretion

Odokonyero & 4 Others v Uganda

Odokonyero & 4 Others v Uganda (Criminal Miscellaneous Application 79 of 2023) [2024] UGHC 565 (21 March 2024)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 79 of 2023

Judge

Mwaka, J

The High Court in Kitgum granted bail to Lam Marino, finding exceptional circumstances based on his advanced age, but dismissed bail for the other four murder आरोप people.

• Bail Application
• Exceptional Circumstances
• Remand Periods
• Capital Offences
• Surety Requirements
• Bail-application

Nuwagira v Uganda

Nuwagira v Uganda (Miscellaneous Application 22 of 2023) [2023] UGHCCRD 109 (2 August 2023)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Application 22 of 2023

Judge

Adonyo, J

The High Court at Soroti granted bail to an accused charged with murder, finding he had a fixed abode and substantial sureties, subject to strict conditions.

• Bail Application
• Presumption Of Innocence
• Fixed Place Of Abode
• Substantial Sureties
• Court Discretion
• Capital Offences

Mugisha v Uganda

Mugisha v Uganda (Criminal Miscellaneous Application 222 of 2022) [2023] UGHCCRD 74 (31 July 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 222 of 2022

The High Court dismissed Mugisha William’s bail application, finding no exceptional circumstances and no sufficient assurance he would not abscond.

• Bail Application
• Exceptional Circumstances
• Judicial Discretion
• Capital Offences
• Bail
• Criminal-procedure

Uganda v Bedayika (High Court Criminal Juvenile Session Case No. 19 of 2016)

Uganda v Bedayika (High Court Criminal Juvenile Session Case No. 19 of 2016) [2016] UGHCCRD 474 (15 September 2016)

Court

HC: Criminal Division (Uganda)

Case number

High Court Criminal Juvenile Session Case No. 19 of 2016

Judge

Murangira, J

The High Court held that it retains jurisdiction to sentence a child offender tried alone for a capital offence, subject to the prohibition on death sentences.

• Juvenile Sentencing
• Capital Offences
• Court Jurisdiction
• Children Act Interpretation
• Juvenile-sentencing
• Capital-offences

Uganda v Etudebo & Ors

Uganda v Etudebo & Ors (Criminal Mitigation Session No.0066 of 2015) [2015] UGHCCRD 457 (15 September 2015)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Mitigation Session No.0066 of 2015

Judge

Murangira, J

On remittal for mitigation, the High Court sentenced four murder convicts to 48 years’ imprisonment each, deducting time already served and declining to impose death.

• Murder Sentencing
• Mitigation Factors
• Capital Offences
• Remittal For Resentencing
• Murder-sentencing
• Capital-punishment

Tumwesigye v Uganda

Tumwesigye v Uganda (Criminal Application No. 008 of 2011) [2011] UGHC 171 (7 December 2011)

Court

High Court of Uganda

Case number

Criminal Application No. 008 of 2011

Judge

Kwesiga, J

The court found that the applicant, charged with a capital offence, is over 60 years of age, which constitutes an exceptional circumstance under Ugandan law for consideration of bail. The applicant has not been on remand for 180 days and thus is not entitled to automatic bail, but the court retains discretion to grant bail. The respondent did not contest the applicant's age nor present evidence that granting bail would impede investigations or risk absconding. The applicant presented two substantial sureties and offered security for bail. The court determined that prison conditions are unfavo…

Source excerpt

• Bail Pending Trial
• Exceptional Circumstances
• Capital Offences
• Advanced Age

Malibano Abdul & Anor v Uganda

Malibano Abdul & Anor v Uganda (Criminal Miscellaneous Application No. 5 of 2008) (Criminal Miscellaneous Application No. 5 of 2008) [2008] UGHC 42 (14 April 2008)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application No. 5 of 2008

The High Court of Uganda dismissed a bail application in a murder case, holding that the gravity of the offence outweighed the applicants’ custody and speedy-trial complaints.

• Bail Pending Trial
• Right To Speedy Trial
• Judicial Discretion In Bail
• Capital Offences
• Bail-pending-trial
• Speedy-trial

Lochomin v Uganda

Lochomin v Uganda (Criminal Application 32 of 1993) [1994] UGHC 85 (4 February 1994)

Court

High Court of Uganda

Case number

Criminal Application 32 of 1993

Judge

Lugayizi, J

Bail was denied in a murder application because the applicant had not shown entitlement under the statutory remand period and lacked medical evidence supporting illness.

• Bail
• Remand Periods
• Capital Offences
• Medical Grounds For Bail
• Remand-periods
• Capital-offences

Msakazi v Rex

Msakazi v Rex (Criminal Appeal No. 259 of 1950.) [1951] EACA 150 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 259 of 1950.

Judge

Graham Paul CJ, Lockhart-Smith, J, Nihill P

The Court of Appeal for Eastern Africa upheld a murder conviction entered on the appellant’s own plea, holding the admission was unequivocal.

• Murder
• Plea Of Guilty
• Capital Offences
• Provocation
• Confession
• Criminal Procedure