Uganda Case Law

Kayaga Edith v Uganda

Kayaga Edith v Uganda (Criminal Appeal No. 325 of 2015) [2020] UGCA 2030 (3 March 2020)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 325 of 2015

Judge

Kakuru, JA, Madrama, JA, Egonda-Ntende, JA

The Court of Appeal found that the conviction of the appellant was unsafe as it was based on the unreliable and inconsistent testimony of PW2, a child of tender years, and circumstantial evidence that did not irresistibly point to the guilt of the appellant. The court held that the learned trial judge erred in law and fact by relying on PW2's testimony, which was contradicted by his police statements and other prosecution witnesses, and by treating circumstantial evidence as corroboration when it was itself dependent on PW2's account. The court emphasized that for circumstantial evidence to s…

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• Murder
• Arson
• Circumstantial Evidence
• Child Witness
• Standard Of Proof
• Malice Aforethought

Ndyaguma Vs Uganda

Ndyaguma Vs Uganda (Criminal Appeal No. 263 of 2006) [2016] UGCA 57 (26 October 2016)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 263 of 2006

The Court of Appeal found that the conviction of the appellant was not supported by sufficient evidence directly linking him to the commission of the offence of defilement. The only evidence implicating the appellant was the testimony of the victim's parents regarding what the victim told them, but the victim herself did not testify. The court held that such evidence, in the absence of the victim's testimony, remained hearsay and did not meet the legal threshold for conviction in sexual offences, especially where the alleged victim is a child of tender years. The trial judge failed to warn hi…

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• Defilement
• Circumstantial Evidence
• Corroboration
• Child Witness
• Hearsay Exception

Turyamwijuka v Uganda

Turyamwijuka v Uganda (Criminal Appeal No. 65 of 2008) [2015] UGCA 68 (2 June 2015)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 65 of 2008

The Court of Appeal found that the essential ingredients of murder, including malice aforethought, were proved beyond reasonable doubt. The appellant used a lethal weapon (panga) to inflict deep cut wounds on vulnerable parts of the bodies of both deceased, indicating intention to kill. The identification of the appellant was not contested and was corroborated by PW3, who was familiar with the appellant and not a child of tender years. The charge and caution statement was voluntarily made and properly admitted. The trial judge correctly analyzed the evidence and applied the relevant legal pri…

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• Murder
• Malice Aforethought
• Identification Evidence
• Voice Identification
• Child Witness
• Sentencing Principles

Koli Jenty v Uganda

Koli Jenty v Uganda (Criminal Appeal No. 42 of 2004) [2009] UGCA 37 (27 August 2009)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 42 of 2004

The Court of Appeal allowed a murder appeal, quashing the conviction because the child witness was not examined through a proper voire dire and no other evidence supported conviction.

• Murder
• Circumstantial Evidence
• Child Witness
• Voire Dire
• Standard Of Proof
• Circumstantial-evidence

Bukenya Patrick and Anor v Uganda

Bukenya Patrick and Anor v Uganda [2002] UGSC 37 (18 December 2002)

Court

Supreme Court of Uganda

Supreme Court of Uganda dismissed a criminal appeal, upholding convictions for aggravated robbery based on voice identification and recent possession of stolen property.

• Aggravated Robbery
• Identification Evidence
• Recent Possession Doctrine
• Child Witness
• Circumstantial Evidence
• Aggravated-robbery

Uganda v Wagisha

Uganda v Wagisha (Criminal Session No. 85 of 1990) [1993] UGHCCRD 19 (28 September 1993)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session No. 85 of 1990

Judge

Engwau, J

High Court acquitted the accused after finding the prosecution’s identification evidence inconsistent, unreliable, and insufficient to prove robbery beyond reasonable doubt.

• Robbery
• Identification Evidence
• Burden Of Proof
• Child Witness
• Contradictory Testimony
• Identification-evidence

Moses Kayondo v Uganda

Moses Kayondo v Uganda (Criminal Appeal No. 11 of 1992) [1993] UGSC 55 (27 January 1993)

Court

Supreme Court of Uganda

Case number

Criminal Appeal No. 11 of 1992

Judge

Manyindo, DCJ, Oder, JSC, Platt, JSC

The Supreme Court upheld a murder conviction based on a single identifying child witness, but set aside the death sentence because the appellant may have been under 18.

• Murder
• Circumstantial Evidence
• Identification Evidence
• Alibi Defence
• Child Witness
• Sentencing Of Juveniles

Rex v Okecha

Rex v Okecha (Criminal Appeal No. 168 of 1940) [1940] EACA 27 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 168 of 1940

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ, Whitley CJ

The conviction was upheld because the trial judge correctly found corroboration for the unsworn statement of the child witness, Obothi, in the evidence of a prior threat made by the appellant against the deceased. This antecedent corroboration went beyond mere motive and tended to connect the appellant with the killing, satisfying the legal requirement that corroborative evidence must implicate the accused in material particulars. The court applied established principles from English case law, confirming that antecedent corroboration is valid and that independent testimony connecting the accu…

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• Murder
• Corroboration Of Evidence
• Child Witness
• Accomplice Evidence
• Antecedent Corrobation

Rex v Abdulla (Cr.A. 144/1936.)

Rex v Abdulla (Cr.A. 144/1936.) [1936] EACA 109 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. 144/1936.

Judge

Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ

The Court of Appeal for Eastern Africa held that a child complainant’s evidence in a rape case could be corroborated by a sworn 14-year-old witness, and dismissed the appeal.

• Rape
• Corroboration
• Child Witness
• Evidence On Oath
• Child-witness
• Criminal-appeal