Uganda Case Law

Kibaya v Uganda (Consitutional Petition 8 of 2012)

Kibaya v Uganda (Consitutional Petition 8 of 2012) [2015] UGCC 95 (20 November 2015)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 8 of 2012

Judge

Nshimye, JA, Kasule, JA, Mwangusya, JA, Aweri-Opio, JA, Tibatemwa, JA/ JCC

The Constitutional Court held that Section 121 of the Magistrates Courts Act is definitive regarding the jurisdiction of the trial court when the DPP withdraws prosecution. The court has no discretion to refuse a withdrawal or order the closure of the prosecution case; its role is limited to discharging or acquitting the accused as dictated by Section 121. The Constitution does not grant the trial court power to supervise or override the DPP's prosecutorial discretion except where there is clear evidence of abuse or constitutional violation, which must be addressed in a separate action before…

Source excerpt

• Dpp Powers
• Withdrawal Of Criminal Proceedings
• Fair Hearing Rights
• Abuse Of Process
• Judicial Discretion
• Separation Of Powers