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Uganda decisions
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Sebaduka Umar v Uganda (Criminal Appeal No.O227 of 2016) [2025] UGCA 137 (14 May 2025)
The Court of Appeal upheld a sentence appeal, finding the trial court failed to deduct 1 year and 3 months spent on remand from a plea-bargained 13-year sentence.
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.
Kyakuhaire v Mwesigye and 2 Others (Misc Cause 16 of 2023) [2024] UGHC 1171 (6 December 2024)
The court found that the police officers, employees of the 3rd Respondent, acted negligently by firing live bullets in a crowded public place, resulting in severe injury to the Applicant, a minor bystander. The Respondents failed to rebut the Applicant's evidence, which remained uncontroverted. The 3rd Respondent, as employer, is vicariously liable for the negligent acts of its officers committed in the course of employment. The 1st Respondent was not shown to have ordered or allowed the shooting, and no evidence was adduced to establish his direct involvement. The Applicant proved entitlemen…
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Namwendi v Uganda (Criminal Appeal 244 of 2015) [2024] UGCA 82 (8 April 2024)
The Court of Appeal held that Article 23(8) of the Constitution requires mandatory deduction of the period spent on remand from any sentence of imprisonment. The plea bargain agreement does not waive this constitutional right. Although the trial judge sentenced the appellant before the Supreme Court's decision in Rwabugande Moses v Uganda, the appeal was still pending, and the rule in Attorney General v Susan Kigula and 417 Others mandates that new constitutional interpretation applies to unresolved cases. Therefore, the Rwabugande rule on arithmetic deduction of remand time must be applied.…
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Oweka & 3 Others v Uganda (Criminal Miscellaneous Application 86 of 2023) [2024] UGHC 566 (21 March 2024)
The High Court in Kitgum granted bail to two accused persons on aggravated robbery charges and dismissed the application for the other two for failure to meet bail conditions.
Musoke v Attorney General (Miscellaneous Cause 16 of 2023) [2023] UGHCCD 422 (29 September 2023)
The High Court held that a retired nurse was entitled to pension despite administrative failures to trace her file and formalize redeployment.
Ocuka v Uganda (Criminal Miscellaneous Application 25 of 2021) [2023] UGHCCRD 48 (23 August 2023)
The High Court in Soroti dismissed Ocuka Max’s bail application, finding he had not proved a fixed place of abode or presented substantial sureties.
Byakika v Uganda (Criminal Miscellaneous Application 3 of 2023) [2023] UGHCCRD 120 (4 August 2023)
The court held that the right to apply for bail is fundamental and premised on the presumption of innocence. The applicant demonstrated a fixed place of abode and presented substantial sureties, all of whom were close relatives and not disputed by the respondent. The court found that exceptional circumstances are not mandatory for the grant of bail, and the primary consideration is whether the applicant will attend trial if released. The gravity of the offence alone does not bar the grant of bail. The court was satisfied that the applicant would comply with bail conditions and therefore exerc…
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Muweesi v Uganda (Criminal Appeal 204 of 2016) [2023] UGCA 172 (7 June 2023)
The trial Judge failed to deduct the period the appellant spent on remand from the sentences imposed for aggravated robbery and murder, rendering the sentences illegal under Article 23(8) of the Constitution. The Court of Appeal set aside the original sentences and exercised its powers under Section 11 of the Judicature Act to sentence the appellant afresh, deducting the 11 months spent on remand from both sentences. The appellant is to serve 9 years and one month for aggravated robbery and 19 years and one month for murder, with the sentences running concurrently from the date of conviction.
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Apoto v Uganda (Criminal Appeal 199 of 2017) [2023] UGCA 245 (28 April 2023)
The Court of Appeal found that the trial judge failed to comply with Article 23(8) of the Constitution by not deducting the period spent on remand from the sentence imposed. The judge's general reference to time spent on remand was insufficient, as the law requires an arithmetic deduction of the exact period. The sentence of 40 years was therefore illegal. The appellate court reviewed comparable cases and determined that, given the seriousness of the crime and the appellant's status as a first offender, a sentence of 20 years was appropriate. After deducting the period of 3 years and 5 days s…
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