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Uganda decisions
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Kato Henry v Uganda (Criminal Miscellaneous Application 96 of 2025) [2025] UGHCCRD 21 (5 January 2025)
The High Court granted Kato Henry mandatory bail after finding he had been remanded for over six months without committal, and imposed cash and surety conditions.
Mabirizi v Obore & 5 Others (Miscellaneous Appeal 9 of 2024) [2024] UGHCACD 11 (3 December 2024)
The High Court held that the magistrate has the statutory authority to determine whether a private prosecution complaint is frivolous or vexatious, even in cases involving offences triable only by the High Court, such as money laundering. The process requires the magistrate to consider the complaint, consult the local chief, and, if necessary, direct police investigations before making a decision. The appellant's assertion that only the High Court can determine the sufficiency of a money laundering complaint was rejected. The magistrate erred by dismissing the application without conducting t…
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Mugerwa v Uganda (Revision Cause No. 29 of 2021) [2023] UGHCCRD 18 (27 March 2023)
The High Court held that bail granted earlier did not automatically lapse on committal to the High Court, and reinstated Mugerwa Hamis’s bail on the original terms.
Opolot and Others v Uganda (Miscellaneous Application No. 27 of 2022) [2023] UGHCCD 68 (16 March 2023)
The court found that the applicants' bail was cancelled by the magistrate solely on the basis of their committal to the High Court for trial, without any sufficient reason or breach of bail conditions. Relying on binding constitutional precedent, the court held that such automatic cancellation is unconstitutional and violates the applicants' non-derogable rights to liberty and a fair hearing under Articles 28(1) and 44(c) of the Constitution. The court emphasized that committal for trial is not, in itself, sufficient cause for cancelling bail, and that only a breach of bail conditions or the…
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Kalisa and Another v Uganda (Criminal Miscellaneous Application 244 of 2019) [2022] UGHCCRD 160 (14 July 2022)
The Chief Magistrate's Court of Wakiso erred in cancelling the applicants' bail upon committal to the High Court without affording them a hearing, contrary to the binding interpretation of Section 168(4) of the Magistrates Court Act as set out by the Constitutional Court in Hon Sam Kuteesa & Ors vs A-G. The applicants' right to liberty and to be heard was infringed by the issuance of remand warrants in the absence of a lawful order or sufficient reason. Although the High Court's revisional jurisdiction under Section 50 of the Criminal Procedure Code Act does not generally extend to bail matte…
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