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Uganda Case Law

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Criminal Law [2024] AfCHPR 17

Kilagela v United Republic of Tanzania (Application No. 017/2018)

Kilagela v United Republic of Tanzania (Application No. 017/2018) [2024] AfCHPR 17 (3 September 2024)

The African Court held Tanzania violated the Applicant’s right to free legal assistance in a serious criminal case, but rejected his other Charter claims.

  • Fair Trial Rights
  • Legal Representation
  • Exhaustion Of Local Remedies
  • Non Discrimination
  • Equal Protection
  • Moral Prejudice
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Constitutional Law [2022] AfCHPR 15

Makungu v United Republic of Tanzania (Application No. 006/2016)

Makungu v United Republic of Tanzania (Application No. 006/2016) [2022] AfCHPR 15 (23 June 2022)

The African Court awarded reparations to Mgosi Mwita Makungu for delayed access to appeal records, granting compensation for material and moral prejudice, but dismissed claims by alleged indirect victims.

  • Right To Fair Trial
  • Non Discrimination
  • Equal Protection
  • Reparations
  • Material Prejudice
  • Moral Prejudice
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Constitutional Law [2022] AfCHPR 10

Mukwano v United Republic of Tanzania (Application No. 021/2016)

Mukwano v United Republic of Tanzania (Application No. 021/2016) [2022] AfCHPR 10 (24 March 2022)

The African Court held Joseph Mukwano’s application partly admissible, but found no violation of fair trial, equality, or equal protection rights.

  • Fair Trial Rights
  • Non Discrimination
  • Equal Protection
  • Admissibility Requirements
  • Exhaustion Of Local Remedies
  • Fair-trial-rights
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Criminal Law [2021] AfCHPR 6

Kisase v United Republic of Tanzania (Application No. 005/2016)

Kisase v United Republic of Tanzania (Application No. 005/2016) [2021] AfCHPR 6 (2 December 2021)

The Court found that the Respondent State violated the Applicant's right to free legal assistance as protected under Article 7(1)(c) of the Charter, interpreted in light of Article 14(3)(d) of the ICCPR, by failing to provide legal aid to an indigent accused facing a serious charge. The Court held that the duty to provide legal aid arises regardless of whether the accused requests it. The Court dismissed the Applicant's claims regarding the right to have his cause heard and equal protection of the law, finding that the Court of Appeal had considered his arguments and that the Applicant failed…

  • Fair Trial Rights
  • Legal Aid
  • Exhaustion Of Local Remedies
  • Equal Protection
  • Admissibility Requirements
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Administrative Law [2020] AfCHPR 36

Sandwidi v Faso and Others

Sandwidi v Faso and Others [2020] AfCHPR 36 (15 July 2020)

The African Court ordered joinder of two related applications involving Elie Sandwidi and MBDHP against Burkina Faso and three other states.

  • Joinder Of Cases
  • Judicial Economy
  • Proper Administration Of Justice
  • Equal Protection
  • Right To Be Heard
  • Joinder-of-cases
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Constitutional Law [2019] AfCHPR 53

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019)

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019) [2019] AfCHPR 53 (2 December 2019)

The Court found that while it had prima facie jurisdiction to consider the application, the Applicant failed to provide evidence of extreme gravity, urgency, or a serious risk of irreparable harm as required for the grant of provisional measures under Article 27(2) of the Protocol. The Applicant's allegations regarding the neutrality of the COS and the potential impact on the electoral process were deemed to relate to the merits of the case, which would be addressed in due course. In the absence of substantiated evidence demonstrating imminent and irreparable harm, the Court concluded that th…

  • Electoral Commissions
  • Right To Participate In Government
  • Equal Protection
  • Provisional Measures
  • Democratic Governance
  • Judicial Review
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Criminal Law [2019] AfCHPR 29

Kisase v Tanzania (Application No. 005/2016)

Kisase v Tanzania (Application No. 005/2016) [2019] AfCHPR 29 (19 August 2019)

The African Court reopened pleadings in Sadick Marwa Kisase v Tanzania, accepted Tanzania’s late reparations response, and allowed the applicant to reply.

  • Right To Fair Trial
  • Legal Assistance
  • Equal Protection
  • Domestic Remedies
  • Right-to-fair-trial
  • Legal-assistance
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Constitutional Law [2018] ACHPR 129

Kwoyelo v Uganda (Communication 431 of 2012)

Kwoyelo v Uganda (Communication 431 of 2012) [2018] ACHPR 129 (17 October 2018)

The African Commission found Uganda discriminated against Thomas Kwoyelo in applying its Amnesty Act and violated his fair-trial rights through an unexplained stay order and delay.

  • Amnesty Act Application
  • Equal Protection
  • Fair Trial Rights
  • Arbitrary Detention
  • Judicial Delay
  • International Humanitarian Law
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Constitutional Law [2018] AfCHPR 75

Evarist v United Republic of Tanzania (Application No. 027/2015)

Evarist v United Republic of Tanzania (Application No. 027/2015) [2018] AfCHPR 75 (21 September 2018)

The Court found that the Respondent State violated the Applicant's right to defence under Article 7(1)(c) of the Charter by failing to provide free legal aid during his criminal trial for a serious offence, despite his indigence and the severity of the penalty. The Court held that the right to free legal aid is intrinsic to a fair trial and does not depend on a formal request by the accused. The Court dismissed the Applicant's claims regarding the right to have his cause heard and equal protection of the law, finding insufficient evidence of procedural unfairness or discriminatory treatment.…

  • Right To Fair Trial
  • Legal Aid
  • Equal Protection
  • Exhaustion Of Local Remedies
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Constitutional Law [2008] ACHPR 88

Mouvement Ivoirien Des Droits Humains v Cote DIvoire (Communication 246 of 2002)

Mouvement Ivoirien Des Droits Humains v Cote DIvoire (Communication 246 of 2002) [2008] ACHPR 88 (29 July 2008)

The African Commission held that Ivorian constitutional eligibility rules and immunities were discriminatory and violated the African Charter, including rights to equality, participation, and remedy.

  • Discriminatory Constitutional Provisions
  • Political Participation Rights
  • Amnesty And Impunity
  • Equal Protection
  • Exclusion From Public Office
  • Political-participation-rights
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.