Kyarisima v Uganda (Civil Revision 7 of 2009) [2024] UGHC 1111 (16 December 2024)
Court
High Court of Uganda
Case number
Civil Revision 7 of 2009
Judge
Tweyanze, J
The High Court quashed a guilty plea conviction after finding the accused was not shown to understand the language used and the facts were not properly stated.
Kyarisima v Uganda (Criminal Revision 9 of 2024) [2024] UGHC 1110 (16 December 2024)
Court
High Court of Uganda
Case number
Criminal Revision 9 of 2024
Judge
Tweyanze, J
The lower court proceedings were fundamentally flawed due to failure to comply with constitutional and statutory requirements for plea taking, including failure to indicate the language used and to properly explain the charges to the accused. The compensation order with imprisonment in default was not a lawful sentence under Ugandan law, as compensation is not a sentencing option and imprisonment in default is not prescribed for such orders. Furthermore, the underlying dispute arose from a civil transaction—a loan agreement—which should have been resolved under civil law rather than through c…