Uganda Case Law

Muzanyi & 3 Others v Attorney General

Muzanyi & 3 Others v Attorney General (Constitutional Petition 42 of 2015) [2024] UGCC 6 (21 February 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 42 of 2015

Judge

Kiryabwire, JCC, Obura, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The Constitutional Court held that the discontinuance of criminal proceedings by the DPP under Article 120(3)(d) is an exclusive function, but the Constitution and section 121(a) of the Magistrates Court Act do not bar the DPP or authorized officers from reinstating criminal proceedings against an accused who was discharged before being called to make a defence. The protection against double jeopardy under Article 28(9) and (10) only applies where there has been a conviction, acquittal, or pardon, none of which applied to the Petitioners. The reinstatement of charges by the Ag. Senior State A…

Source excerpt

• Powers Of Dpp
• Discontinuance Of Criminal Proceedings
• Reinstatement Of Charges
• Fair Trial Rights
• Magistrates Court Procedure