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Uganda decisions
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Uganda v Baitwa and Another (Criminal Session 1 of 2019) [2025] UGHCACD 12 (30 April 2025)
The High Court acquitted two company directors of theft and conspiracy to defraud over alleged MTN(U) Ltd invoice fraud, finding no proof beyond reasonable doubt of their participation.
Lorika & Another v Uganda (URA) (Criminal Appeal 1 of 2025) [2025] UGHCACD 8 (7 April 2025)
The trial court erred in convicting the appellants based on documents that were not admitted as exhibits, violating established evidentiary standards. The charges under Section 203(b) of the East African Community Customs Management Act were fatally defective for omitting the essential element that the false documents related to customs, depriving the accused of adequate notice and opportunity to defend. Furthermore, the prosecution, led by a customs officer, lacked mandate to prefer charges under the Penal Code Act for obtaining money by false pretenses and conspiracy to defraud. The respond…
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Uganda v Tindyebwa & 2 Others (Criminal Case 8 of 2018) [2025] UGHCACD 5 (18 March 2025)
The High Court convicted three accused of false pretence and conspiracy to defraud, and convicted two on money-laundering counts linked to fraud proceeds.
Natukunda v Uganda (HCT-00-AC-CM 9 of 2023) [2023] UGHCACD 13 (6 March 2023)
The court found that the applicant is charged with a bailable misdemeanor, and exceptional circumstances are not required for bail. The applicant demonstrated a fixed place of abode within the jurisdiction, supported by evidence from local authorities and police search records. The proposed sureties were found to be substantial, independent, and capable of ensuring the applicant's attendance at trial. The seriousness of the offense and the high monetary value involved were considered but did not outweigh the presumption of innocence and the applicant's right to liberty. There was no evidence…
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Uganda v Dr. Nassali and 3 Others (Criminal Session Case 06-CR-SC 17 of 2019) [2022] UGHCACD 2 (15 February 2022)
The High Court found a prima facie case against two public officials on counts of causing financial loss and abuse of office, but acquitted two co-accused.
Bakole and Others v Uganda (Criminal Appeal No. 232 of 2011) [2021] UGCA 76 (17 September 2021)
The Court found that the appellant, as branch manager, actively participated in a fraudulent scheme involving fictitious deposits and immediate withdrawals from Barclays Bank accounts, resulting in substantial financial loss. The evidence, including bank statements, witness testimony, and CCTV footage, established that the appellant and co-accused orchestrated and facilitated the fraud. The Court held that the trial judge properly evaluated the evidence and correctly convicted the appellant on counts of causing financial loss and embezzlement. However, the conviction for conspiracy to defraud…
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Uganda v Malong and 3 Others (Criminal Session 4 of 2019) [2021] UGHCACD 4 (16 August 2021)
The High Court convicted three accused in a gold-scam fraud case, finding false pretence, conspiracy to defraud, and several false document counts proved.
Lwamafa and 3 Others v Uganda (Criminal Appeal No. 183 of 2018) [2021] UGCA 40 (19 July 2021)
The Court found that while the trial judge generally evaluated the evidence properly, there was confusion in the imposition of both consecutive and concurrent sentences, which could prejudice the appellants. The compensation orders were upheld as the appellants were found to have played key roles in the diversion of public resources, notwithstanding admissions by other accused. The custodial sentences were not deemed excessively harsh given the gravity of the offenses, but the Court ordered that the sentences be served concurrently to avoid confusion and prejudice. The order barring the appel…
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Uganda v Serufuza Zaake and Another (Corruption Division HCT-00-AC-CN 21 of 2019) [2020] UGHCACD 10 (12 November 2020)
The appellate court found that the prosecution failed to discharge the burden of proof beyond reasonable doubt regarding embezzlement and conspiracy to defraud. The audit report and supporting documents were incomplete, unclear, and failed to conclusively link the respondents to the alleged offenses. The evidence did not establish the necessary elements of theft or conspiracy, and the involvement of other cashiers and lack of handwriting analysis created reasonable doubt. The confessions admitted were either improperly admitted or related to transactions not charged. The trial magistrate's ac…
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Baingana v Uganda (Criminal Appeal 10 of 2016) [2019] UGSC 77 (28 June 2019)
The Supreme Court found that the appellant had, on the balance of probabilities, satisfied the sentence by payment of the fine, as evidenced by the cashier's acknowledgment and the appellant's release from custody, despite the absence of a formal receipt. Therefore, the default imprisonment sentence imposed by the Court of Appeal was unwarranted. The Court further held that the Court of Appeal erred in enhancing the compensation order by imposing interest at 21% and requiring payment within 7 days, as there was no justification for interfering with the trial court's discretion in sentencing.…
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