The Court found the Second Applicant’s rights to defence, fair sentencing, and child-sensitive treatment were violated, and ordered release and reparation.
Oryem Richard and Anor v Uganda [2003] UGSC 30 (17 September 2003)
Court
Supreme Court of Uganda
Supreme Court of Uganda upheld robbery convictions, held recent possession and confession evidence sufficient, and set aside corporal punishment as unconstitutional.
Kyamanywa v Uganda (Constitutional Reference 10 of 2000) [2001] UGCC 3 (14 December 2001)
Court
Constitutional Court of Uganda
Case number
Constitutional Reference 10 of 2000
Judge
Okello, JA, Mpagi-Bahigeine, JA, Twinomujuni, JA, Engwau, JA, Kitumba, JA
By majority, the Constitutional Court held that the sentence of six strokes of the cane is inconsistent with Article 24 of the Constitution, which prohibits torture, cruel, inhuman, or degrading treatment or punishment. The Court reasoned that corporal punishment, by its very definition and nature, inflicts pain and suffering and thus falls squarely within the category of punishments prohibited by Article 24. The argument that only the manner of application, not the principle, is restricted was rejected, as the Constitution makes no such distinction. The Court further held that Article 273 do…
The Supreme Court referred a constitutional question on whether six strokes of the cane violated article 24 and held it lacked original jurisdiction to decide the issue itself.
Uganda v Twerinde Dennis and Phaphius Karwize (Revision Case No. 17/95) [1996] UGHC 71 (1 July 1996)
Court
High Court of Uganda
Case number
Revision Case No. 17/95
Judge
Mukanza, J
The High Court set aside a six-stroke cane sentence imposed on a 16-year-old accused, holding that the punishment was illegal under the Magistrate's Court Act.
Adam Omwonda v Uganda [1994] UGSC 11 (17 November 1994)
Court
Supreme Court of Uganda
The Supreme Court of Uganda upheld an 8.5-year robbery sentence and corporal punishment, but set aside a compensation order and limited police supervision to three years.
Uganda v Oloya (Crim.Rev.No.157 of 1976) [1977] UGHCCRD 1 (17 February 1977)
Court
HC: Criminal Division (Uganda)
Case number
Crim.Rev.No.157 of 1976
Judge
Saied, CJ
The High Court quashed a conviction and set aside corporal punishment after finding the accused was 16, the child witness evidence was improperly received, and the age finding was inadequate.
Kamuyu v Reginam (Criminal Appeal No. 1033 of 1954) [1955] EACA 335 (1 January 1955)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 1033 of 1954
Judge
Briggs, JA, Nihill P, Worley VP
The Court of Appeal held that two intents arising from one wounding should have been charged in one count, not split into two. The first conviction was quashed.
Tirwakunda v Rex (Criminal Appeal No. 102 of 1951) [1951] EACA 205 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 102 of 1951
Judge
Ainley J, Nihill P, Worley VP
The Court of Appeal for Eastern Africa upheld a rape conviction but quashed whipping, holding corporal punishment should be reserved for the worst cases when combined with long imprisonment.
Rex v Keya (Criminal Revision Case No. 153 of 1938) [1938] EACA 156 (1 January 1938)
Court
East African Court of Appeal
Case number
Criminal Revision Case No. 153 of 1938
Judge
Sheridan CJ, Thacker J
The court quashed a juvenile’s corporal punishment sentence, holding that section 16 of the Juveniles Ordinance was directory only and did not itself authorize whipping.