Uganda Case Law

Dr. Kamba Baleke v Attorney General and Another

Dr. Kamba Baleke v Attorney General and Another (Constitutional Petition No. 2 of 2014) [2021] UGCC 5 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 2 of 2014

Judge

Cheborion, JCC, Kibeedi Mutangula, JCC, Musoke, JCC, Mulyagonja, JCC, Egonda-Ntende, JCC

The Constitutional Court found that the petition did not raise any question for constitutional interpretation as required under Article 137 of the Constitution. The acts and omissions complained of by the petitioner, including the endorsement of the charge sheet, the conduct of concurrent trials, and the inclusion of alternative charges, were matters of enforcement and procedural regularity that fall within the jurisdiction of the High Court and not the Constitutional Court. The law permits alternative charges in indictments if they are founded on the same facts, and any errors or inconsisten…

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• Constitutional Interpretation
• Jurisdiction Of Constitutional Court
• Role Of Dpp
• Criminal Trial Procedure
• Double Jeopardy
• Enforcement Of Rights

Aniket Patel v Attorney General

Aniket Patel v Attorney General (Constitutional Petition No. 2 of 2019) [2019] UGCC 14 (15 October 2019)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 2 of 2019

Judge

Kakuru, JCC, Cheborion, JCC, Madrama, JCC, Owiny-Dollo, DCJ, Egonda-Ntende, JCC

The Constitutional Court held that the refusal by the prosecution and the trial court to provide the Petitioner with access to the Tally Accounting System data and documents necessary for his defence constituted a violation of his fundamental and non-derogable right to a fair hearing as guaranteed under Articles 28(1) and 44(c) of the Constitution. This denial undermined the fairness of the criminal proceedings and rendered the trial a nullity. Consequently, the proceedings in the High Court Anti-Corruption Division were quashed, and a trial de novo was ordered before a different judge. The b…

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• Right To Fair Hearing
• Access To Evidence
• Criminal Trial Procedure
• Non Derogable Rights

Nakamya v Uganda

Nakamya v Uganda (Criminal Appeal No.123 of 2014) [2015] UGHCCRD 55 (16 October 2015)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No.123 of 2014

Judge

Murangira, J

The High Court dismissed a premature criminal appeal against a “case to answer” ruling, holding that such complaints should be raised after the trial ends.

• Case To Answer
• Right Of Appeal
• Criminal Trial Procedure
• Criminal-appeal
• Case-to-answer
• Right-of-appeal

Uganda v Muwonge Emmanuel (Cr.Case No.738 Of 2009) (Cr.Case No.738 of 2009)

Uganda v Muwonge Emmanuel (Cr.Case No.738 Of 2009) (Cr.Case No.738 of 2009) [2009] UGHC 167 (3 September 2009)

Court

High Court of Uganda

Case number

Cr.Case No.738 of 2009

The High Court acquitted a State Attorney of corruption charges after finding the prosecution had not established a prima facie case.

• Corruption By Public Officer
• Criminal Trial Procedure
• Prima Facie Case
• Public Service Offences
• Corruption-by-public-officer
• Prima-facie-case

Rex v Bux

Rex v Bux (Criminal Appeal No. 239 of 1947) [1947] EACA 67 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 239 of 1947

Judge

De Lestang J, Nihill, C.J

The court held that a magistrate could, in discretion, allow the prosecution to recall a witness before closing its case. The conviction and sentence were upheld.

• Recall Of Witness
• Judicial Discretion
• Criminal Trial Procedure
• Evidence Admissibility
• Recall-of-witness
• Judicial-discretion

Rex v Mkwaya

Rex v Mkwaya (Criminal Appeal No. 56 of 1946) [1946] EACA 29 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 56 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal for Eastern Africa dismissed a criminal appeal, holding that the absence of a prosecutor did not by itself nullify the trial.

• Criminal Trial Procedure
• Absence Of Prosecutor
• Trial Irregularities
• Conviction Review
• Criminal-trial-procedure
• Absence-of-prosecutor

Rex v Shah and Another

Rex v Shah and Another (Criminal Appeal No. 210 of 1938) [1939] EACA 103 (1 January 1939)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 210 of 1938

Judge

Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ

The Court of Appeal for Eastern Africa refused leave to appeal to the Privy Council, holding that the issues raised were routine criminal-trial questions, not matters of great general or public importance.

• Leave To Appeal
• Privy Council Jurisdiction
• Public Importance Test
• Criminal Trial Procedure
• Criminal-law
• Leave-to-appeal

Rex v Bayanga (Cr. App. No. 50/1938)

Rex v Bayanga (Cr. App. No. 50/1938) [1938] EACA 56 (1 January 1938)

Court

East African Court of Appeal

Case number

Cr. App. No. 50/1938

Judge

Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Whitley CJ

The East African Court of Appeal held that a criminal trial is not a nullity merely because no prosecutor was present, absent prejudice to the accused.

• Criminal Trial Procedure
• Absence Of Prosecutor
• Fair Trial Rights
• Criminal-trial-procedure
• Absence-of-prosecutor
• Fair-trial-rights

Wasswa Denis v Uganda

Wasswa Denis v Uganda (Criminal Appeal No. 27 of 2009) [2010] UGHC 4 (21 January 2010)

Court

High Court of Uganda

Case number

Criminal Appeal No. 27 of 2009

Judge

Mulyagonja, J

The High Court found that the appellant had no statutory right to appeal against a ruling that there was a case to answer before conviction, as the Magistrates Courts Act only provides for appeals after conviction. The court determined that the appeal was filed with the intention of delaying the conclusion of the criminal trial in the lower court, constituting an abuse of process. The deliberate absence of the appellant and his counsel from scheduled hearings further evidenced this intent. Exercising its supervisory jurisdiction under s.17 of the Judicature Act, the High Court dismissed the a…

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• Right Of Appeal
• Abuse Of Process
• Supervisory Jurisdiction
• Criminal Trial Procedure