Uganda Case Law

Tumuzigu v Uganda

Tumuzigu v Uganda (Criminal Application 55 of 2024) [2025] UGHC 2 (13 January 2025)

Court

High Court of Uganda

Case number

Criminal Application 55 of 2024

Judge

Allan Nshimye, J

The court held that the applicant failed to prove exceptional circumstances warranting bail pending appeal, as required by law. Although the applicant claimed to suffer from nephrotic syndrome, no medical certification from prison authorities was provided to substantiate this claim. The court emphasized that after conviction, the presumption of innocence no longer applies, and the threshold for bail pending appeal is higher, requiring proof of exceptional and unusual circumstances. The applicant's sentence of three years imprisonment made it unlikely he would serve the entire sentence before…

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• Bail Pending Appeal
• Exceptional Circumstances
• Conviction And Sentence
• Appeal Process

Ayebazibwe v Uganda (HCT Misc App 8 of 2024)

Ayebazibwe v Uganda (HCT Misc App 8 of 2024) [2024] UGHC 976 (17 October 2024)

Court

High Court of Uganda

Case number

HCT Misc App 8 of 2024

Judge

Allan Nshimye, J

The High Court in Mbarara granted bail pending appeal to a convicted applicant, finding exceptional circumstances, a short sentence, and substantial sureties.

• Bail Pending Appeal
• Conviction And Sentence
• Exceptional Circumstances
• Appeal Rights
• Bail-pending-appeal
• Criminal-appeals

Gahizi v Uganda

Gahizi v Uganda (Criminal Appeal 182 of 2020) [2024] UGCA 233 (30 August 2024)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 182 of 2020

Judge

Cheborion-Barishaki, JA, Obura, JA, Luswata, JA

The Court of Appeal found that the trial judge failed to follow the mandatory procedure for plea taking under both the Judicature (Plea Bargain) Rules, 2016 and established case law. The facts of the case were not read to the appellant, and the court did not ensure that the plea of guilty was unequivocal or that the appellant understood the facts and had no defence. The trial judge proceeded to sentence the appellant without formally convicting him, rendering the plea bargain agreement and subsequent proceedings defective. The Court held that such procedural irregularities vitiated the convic…

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• Plea Bargain Procedure
• Conviction And Sentence
• Retrial Orders
• Double Jeopardy
• Mitigating And Aggravating Factors

Asio v Uganda

Asio v Uganda (Criminal Miscellaneous Application 55 of 2024) [2024] UGHC 756 (13 August 2024)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 55 of 2024

Judge

Adonyo, J

The High Court at Soroti dismissed an application for bail pending appeal, finding no exceptional or unusual circumstances were shown by the convicted applicant.

• Bail Pending Appeal
• Conviction And Sentence
• Exceptional Circumstances
• Right To Apply For Bail
• Bail-pending-appeal
• Criminal-appeals

Akuku v Uganda

Akuku v Uganda (Criminal Miscellaneous Application 12 of 2023) [2024] UGHC 453 (10 June 2024)

Court

High Court of Uganda

Case number

Criminal Miscellaneous Application 12 of 2023

Judge

Acellam, J

The High Court at Arua dismissed an application for bail pending appeal, finding no sufficient reason to exercise its discretion in the applicant’s favour.

• Bail Pending Appeal
• Discretionary Bail
• Conviction And Sentence
• Appeal Process
• Bail-pending-appeal
• Criminal-appeal

Bogere and Another v Uganda

Bogere and Another v Uganda (Criminal Miscellaneous Application 53 of 2022) [2023] UGHCCRD 119 (4 August 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 53 of 2022

Judge

Bukirwa, J

The High Court granted Bogere Joseph bail pending appeal, finding substantial sureties, prior compliance with bail, and delay in hearing the appeal.

• Bail Pending Appeal
• Presumption Of Innocence
• Conviction And Sentence
• Sureties
• Delay In Appeal Hearing
• Bail-pending-appeal

Mutoto v Uganda

Mutoto v Uganda (Criminal Revision 2 of 2023) [2023] UGHCCRD 41 (3 August 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Revision 2 of 2023

Judge

Adonyo, J

The High Court found the applicant was convicted twice for the same criminal trespass facts. The later conviction and 10-month sentence were quashed for double jeopardy.

• Double Jeopardy
• Criminal Trespass
• Conviction And Sentence
• Procedural Irregularity
• Double-jeopardy
• Criminal-trespass

Marere v Uganda

Marere v Uganda [2023] UGSC 13 (5 May 2023)

Court

Supreme Court of Uganda

Judge

Mike Chibita, JSC

The Supreme Court dismissed an application for bail pending appeal because the appeal had already been heard and was awaiting judgment.

• Bail Pending Appeal
• Exceptional Circumstances
• Judicial Discretion
• Delay In Judgment
• Conviction And Sentence
• Bail-pending-appeal

Eryeny Bonny v Uganda

Eryeny Bonny v Uganda (Criminal Appeal No. 654 of 2022) [2023] UGCA 368 (5 May 2023)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 654 of 2022

Judge

Cheborion-Barishaki, JA, Monica K. Mugenyi, JA, Gashirabake, JA

The Court of Appeal found that the trial judge failed to follow the mandatory procedure for recording a change of plea and entering a conviction, as required by law and established precedent. The essential ingredients of the offence were not explained to the appellant, nor was he given an opportunity to confirm or dispute the facts after changing his plea. This omission was a substantial procedural defect that prejudiced the appellant's right to a fair trial and could not be cured by statutory exceptions. As a result, the conviction and sentence were quashed, and the matter was remitted to th…

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• Plea Taking Procedure
• Aggravated Defilement
• Fair Trial Rights
• Conviction And Sentence
• Miscarriage Of Justice

Rajiv Kumar v Uganda

Rajiv Kumar v Uganda [2023] UGSC 14 (6 April 2023)

Court

Supreme Court of Uganda

Judge

Tibatemwa-Ekirikubinza, JSC

The Supreme Court held that the applicant, having been convicted by two lower courts, is no longer shielded by the presumption of innocence. The constitutional provisions cited by the applicant pertain to bail pending trial, not appeal. The applicant failed to prove exceptional and unusual circumstances warranting bail pending appeal. The medical report did not establish that the prison facility was incapable of treating his ailments, and thus ill health was not an exceptional circumstance. The offences of embezzlement, forgery, and uttering false documents are serious financial crimes involv…

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• Bail Pending Appeal
• Exceptional Circumstances
• Conviction And Sentence
• Embezzlement
• Forgery
• Utterance Of False Documents