Uganda v Matsiko Mutungwire and Others (Session Case 17 of 2023)
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…
Source excerpt
- Mental Capacity
- Fair Trial Rights
- Criminal Procedure
- Discharge Of Accused