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Uganda decisions
Decisions matching the current search
Alistedes v United Republic of Tanzania (APPLICATION No. 025/2018) [2025] AfCHPR 2 (5 February 2025)
The Court found Tanzania violated the applicant’s right to free legal assistance in a rape case, but upheld the conviction and sentence and refused release.
Mabirizi v Obore & 5 Others (Miscellaneous Appeal 9 of 2024) [2024] UGHCACD 11 (3 December 2024)
The High Court held that the magistrate has the statutory authority to determine whether a private prosecution complaint is frivolous or vexatious, even in cases involving offences triable only by the High Court, such as money laundering. The process requires the magistrate to consider the complaint, consult the local chief, and, if necessary, direct police investigations before making a decision. The appellant's assertion that only the High Court can determine the sufficiency of a money laundering complaint was rejected. The magistrate erred by dismissing the application without conducting t…
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Kazinda v Attorney General (Constitutional Application 16 of 2020) [2024] UGCC 22 (15 November 2024)
The Constitutional Court determined that it has jurisdiction to entertain applications for redress and enforcement of its orders under Article 137(3)(b) of the Constitution, provided such applications relate directly to its prior interpretation and orders. However, the Court found that the orders issued in Constitutional Petition 30 of 2014 were stayed by the Supreme Court, rendering them unenforceable pending the outcome of the appeal. As a result, there were no operative orders with which the respondent could have failed to comply, and thus no basis for a finding of contempt. The Court furt…
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Kintu v Uganda (Criminal Miscellaneous Application 413 of 2024) [2024] UGHCCRD 76 (14 November 2024)
The High Court reinstated Kintu Erisa’s bail after finding it was cancelled without a fair hearing or sufficient proof of interference with investigations.
Uganda v Asiimwe (Civil Appeal 31 of 2023) [2024] UGHC 853 (29 August 2024)
The High Court dismissed a criminal appeal as irregularly filed by the complainant, holding that only the DPP or an authorized person could sign it and that no statute allowed this appeal against sentence.
Uganda v Matsiko Mutungwire and Others (Session Case 17 of 2023) [2024] UGHCACD 3 (20 February 2024)
The court found, based on a conclusive medical report from Butabika hospital, that A3 suffers from chronic and progressively worsening dementia and bipolar disorder, impairing his ability to recall, understand, and make rational decisions. The prosecution presented no evidence to the contrary. The constitutional right to a fair trial cannot be realized where the accused is unable to follow proceedings or prepare a defence. The law, as interpreted by the Constitutional Court, requires that detention of mentally incapacitated accused persons be strictly for treatment and determined by the trial…
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Uganda v Agaba (HCT-00-ICD-CR-SC 18 of 2023) [2023] UGHCICD 9 (8 December 2023)
The court found that the technical errors in the indictment, specifically the use of capital instead of small letters in citing statutory provisions, were mere irregularities that did not prejudice the accused or render the proceedings a nullity. The essential requirement is that the accused is informed of the nature of the offence, which was satisfied as the charges were read and explained in a language he understood. On the merits, the prosecution adduced sufficient evidence to establish substantial grounds to believe that the accused received and harbored the victim, a 15-year-old child, b…
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Soglo v Republic of Benin (Application 011/2021) [2023] AfCHPR 36 (7 November 2023)
The court found that the applicant did not exhaust available local remedies with respect to both his removal from office and the criminal proceedings against him. The applicant failed to provide evidence of pursuing annulment before the Administrative Chamber of the Supreme Court and did not appeal the criminal conviction, despite the possibility of doing so through legal representation. The court held that the applicant's justification for not appealing due to exile was untenable, as Benin's law allows appeals to be filed by proxy and suspends execution of judgment during appeal. Given the c…
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Wang li Bao v Uganda (Criminal Appeal 85 of 2023) [2023] UGHCCRD 154 (25 October 2023)
The High Court found that the trial court failed to exercise due diligence in establishing the competence and proficiency of the interpreter in the specific Chinese dialect spoken by the appellant. The court emphasized that the right to a fair trial under Article 28(3)(f) of the Constitution requires not only the provision of an interpreter but also verification of the interpreter's ability to communicate effectively in the accused's language. The trial magistrate's assumption that 'Chinese' is a single language, without ascertaining the dialect or the interpreter's qualifications, constitute…
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Godwin v United Republic of Tanzania (Application 037/2016) [2023] AfCHPR 22 (5 September 2023)
The Court found that the applicant was informed of the grounds of arrest at the time of his apprehension, as evidenced by his own testimony before the District Court. The Court held that the applicant's identification at the scene was properly assessed by the domestic courts, with corroborative evidence from witnesses, and there was no indication of discrimination or unequal treatment. The evaluation of evidence by the domestic courts was found to be within their margin of appreciation, and no manifest error or miscarriage of justice was established. Regarding the right to defence, the Court…
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