Uganda Case Law

Tumwesigye v Uganda

Tumwesigye v Uganda (Miscellaneous Application 133 of 2025) [2025] UGHCCRD 18 (17 April 2025)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Application 133 of 2025

Judge

Muwata, J

The General Court Martial lacks jurisdiction over the applicant, a civilian, rendering his continued detention unlawful. The applicant has been detained for over 1,500 days without trial, far exceeding the constitutional threshold of 180 days for mandatory bail under Article 23(6)(c) of the Constitution and Section 15(2) of the Trial on Indictments Act. The High Court possesses inherent powers to intervene in exceptional circumstances to prevent abuse of process and administer substantive justice. The respondent failed to provide any evidence to support its arguments against bail, and the law…

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• Mandatory Bail
• Jurisdiction Of Military Courts
• Prolonged Detention Without Trial
• Constitutional Rights Of Accused
• Burden Of Proof On State

Tegga v Uganda

Tegga v Uganda (Criminal Miscellaneous Application 27 of 2023) [2023] UGHCCRD 27 (5 April 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 27 of 2023

Judge

Kazibwe, J

The applicant has been on remand for over six months without committal to the High Court for trial on an offence triable only by the High Court. Article 23(6)(c) of the Constitution mandates release on bail in such circumstances, removing judicial discretion to deny bail. The applicant demonstrated a fixed place of abode and presented two substantial sureties who were found suitable by the court. The court, therefore, granted bail on reasonable conditions, including a cash deposit and surety bonds, and imposed reporting requirements.

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• Bail Pending Trial
• Aggravated Defilement
• Constitutional Rights Of Accused

Uganda v No. RA 233382 Pte. Mugisa alias ofatum and 2 Others

Uganda v No. RA 233382 Pte. Mugisa alias ofatum and 2 Others (Criminal Session 299 of 2019) [2022] UGHCCRD 5 (17 February 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session 299 of 2019

Judge

Nakachwa, J

The court held that Article 28(5) of the Constitution allows for trial in absentia only where the trial has commenced and the accused's conduct renders their continued presence impracticable, permitting the court to order removal and continuation of proceedings. In this case, neither A1 nor A3 had taken plea before the High Court, and thus their trial had not commenced. The accused are presumed innocent and cannot be tried before plea is taken. The prosecution failed to demonstrate that reasonable steps were taken to secure the attendance of A1, including contacting his sureties. Therefore, t…

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• Aggravated Robbery
• Trial In Absentia
• Bail Abscondment
• Constitutional Rights Of Accused

Damian Akankwasa v Uganda

Damian Akankwasa v Uganda (Constitutional Petition No. 4 of 2011) [2011] UGCC 8 (21 April 2011)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 4 of 2011

The court held that the acts allegedly committed by the applicant between August 2007 and February 2008 constituted the criminal offence of causing financial loss under section 269 of the Penal Code Act, which was in force at the time. Section 20 of the Anti-Corruption Act is a re-enactment of section 269, with the only material difference being the enhancement of the sentence. The existence of a prescribed punishment at the time of the alleged acts satisfies the requirements of Articles 28(7) and (12) of the Constitution. Therefore, charging the applicant under the Anti-Corruption Act for ac…

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• Retroactive Criminal Liability
• Statutory Repeal And Reenactment
• Interpretation Of Criminal Offence
• Constitutional Rights Of Accused

Tinkasimire Lawrence v Uganda

Tinkasimire Lawrence v Uganda (Criminal Appeal No. 204 of 2002) [2009] UGCA 9 (9 February 2009)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 204 of 2002

The Court of Appeal allowed a criminal appeal, quashing a death sentence where the conviction rested on an uncorroborated confession and weak single-witness identification.

• Confession Evidence
• Identification By Single Witness
• Corroboration
• Constitutional Rights Of Accused
• Criminal-law
• Confession-evidence