Uganda Case Law

Ogwang v Uganda

Ogwang v Uganda (Criminal Appeal No. 127 of 2017) [2023] UGCA 109 (24 March 2023)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 127 of 2017

Judge

Madrama, JA, Obura, JA, Bamugemereire, JA

The Court of Appeal found that the evidence of the children (PW3 and PW4) was corroborated by the prompt reporting to their parents (PW5 and PW6), satisfying the legal requirement for corroboration of unsworn evidence of children of tender years. The identification of the appellant was reliable due to favourable conditions, including lighting and familiarity, and the trial judge properly cautioned herself before relying on such evidence. The appellant's alibi was contradicted by PW5 and did not exclude his presence at the scene; thus, the trial judge was correct in rejecting it. Regarding sen…

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• Aggravated Defilement
• Evidence Of Children
• Corroboration
• Identification
• Sentencing Guidelines
• Alibi

Dratia Vs Uganda

Dratia Vs Uganda (Criminal Appeal No. 154 of 2011) [2016] UGCA 31 (6 June 2016)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 154 of 2011

The Court of Appeal found that although the trial judge erred by failing to conduct a voire dire for Pw3 and Pw5, both children of tender years, this irregularity did not result in a miscarriage of justice because their evidence was sufficiently corroborated by medical evidence and the immediate report made by Pw3 to Pw4. The corroboration satisfied the legal requirement for sexual offences involving children. The court also found that the contradictions alleged in the prosecution evidence were minor and did not undermine the credibility of the witnesses. Regarding sentencing, the court held…

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• Aggravated Defilement
• Evidence Of Children
• Voire Dire
• Corroboration
• Sentencing Guidelines

UGANDA versus KYEYUNE PAUL (HCT-03-CR-SC-137 OF 2006) (HCT-03-CR-SC-137 OF 2006)

UGANDA versus KYEYUNE PAUL (HCT-03-CR-SC-137 OF 2006) (HCT-03-CR-SC-137 OF 2006) [2007] UGHC 19 (22 October 2007)

Court

High Court of Uganda

Case number

HCT-03-CR-SC-137 OF 2006

The High Court of Uganda acquitted Kyeyune Paul of defilement after finding the prosecution failed to provide required corroboration and did not disprove his alibi.

• Defilement
• Burden Of Proof
• Corroboration
• Alibi
• Evidence Of Children
• Burden-of-proof

Uganda v Mwine Caleb (HCT-05-CR-CO-169-2002)

Uganda v Mwine Caleb (HCT-05-CR-CO-169-2002) [2005] UGHC 125 (12 April 2005)

Court

High Court of Uganda

Case number

HCT-05-CR-CO-169-2002

The High Court of Uganda acquitted Mwine Caleb of defilement, finding the prosecution proved the complainant’s age but failed to prove intercourse and participation beyond reasonable doubt.

• Defilement
• Standard Of Proof
• Corroboration
• Evidence Of Children
• Criminal-proof-beyond-reasonable-doubt
• Child-witness-evidence

Uganda v Sekitoleko Joseph (High Court Criminal Session Case No.85 of 2001) (High Court Criminal Session Case No.85 of 2001)

Uganda v Sekitoleko Joseph (High Court Criminal Session Case No.85 of 2001) (High Court Criminal Session Case No.85 of 2001) [2003] UGHC 61 (3 February 2003)

Court

High Court of Uganda

Case number

High Court Criminal Session Case No.85 of 2001

The High Court of Uganda convicted Sekitoleko Joseph of defilement, relying on corroborated child evidence and medical proof, and sentenced him to 10 years.

• Defilement
• Sexual Offences
• Evidence Of Children
• Corroboration
• Sentencing Principles
• Sexual-offences

Uganda v Ruhunga

Uganda v Ruhunga (Criminal Sessions Case 212 of 1992) [1994] UGHC 88 (4 January 1994)

Court

High Court of Uganda

Case number

Criminal Sessions Case 212 of 1992

Judge

Kireju, J

The court found that the prosecution had proved beyond reasonable doubt that the victim was under 18 years, that sexual intercourse occurred, and that the accused was properly identified as the perpetrator. The victim's evidence was found credible, supported by the medical report and the accused's confession, which was admitted as voluntary and truthful. The court rejected the defence's claims of fabrication, grudge, and involuntariness of the confession, finding no credible evidence to support them. The court held that the identification by voice and circumstances, corroborated by medical an…

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• Defilement
• Sexual Offences
• Child Protection
• Evidence Of Children

Uganda v Kasimiro Kidega

Uganda v Kasimiro Kidega (Criminal Revision Order No. 29/90) [1991] UGHC 75 (22 July 1991)

Court

High Court of Uganda

Case number

Criminal Revision Order No. 29/90

Judges

GM OKELLO, J

The High Court held that a child witness’s evidence was improperly received without voire dire, clarified that bodily harm need not be proved by medical evidence, and noted an illegal default sentence.

• Assault
• Evidence Of Children
• Sentencing
• Bodily Harm
• Default Sentence
• Criminal-law

Mukasa v Rex

Mukasa v Rex (Criminal Appeal No. 254 of 1951) [1951] EACA 321 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 254 of 1951

Judge

Bourke J, Nihill P, Worley VP

The Court of Appeal for Eastern Africa upheld a murder conviction and held that a confession to a Police Corporal, even if recorded in the Occurrence Book, was inadmissible.

• Admissibility Of Confessions
• Evidence Of Children
• Drunkenness And Mens Rea
• Murder Conviction
• Police Procedure
• Corroboration Of Evidence

Rex v Ekolit, Ochole, Wakotum and Achoket

Rex v Ekolit, Ochole, Wakotum and Achoket (Criminal Appeals Nos. 304, 305, 306 and 307 of 1947) [1948] EACA 18 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 304, 305, 306 and 307 of 1947

Judge

Bourke J, Graham Paul CJ, Nihill P

The East African Court of Appeal upheld murder convictions arising from a joint fatal beating, and stated the better practice on joint accused evidence order.

• Joint Trial Procedure
• Murder Vs Manslaughter
• Evidence Of Children
• Medical Evidence In Homicide
• Intention In Murder
• Procedural Irregularity

Rex v Anyoro (Cr. App, No. 194 of 1938.)

Rex v Anyoro (Cr. App, No. 194 of 1938.) [1938] EACA 140 (1 January 1938)

Court

East African Court of Appeal

Case number

Cr. App, No. 194 of 1938.

Judge

Bartley J, Sheridan, (C.J. Kenya), Whitley CJ

The court held that the confession made by the appellant to the Chief was not automatically inadmissible under the Evidence Ordinance, Cap. 68, sec. 24. The court found sufficient corroboration of the children's testimony in the appellant's conduct of leading the Chief to the location of the hidden spear. The court concluded that, unless the law is further amended to specifically exclude confessions made to Chiefs, such confessions remain admissible. Accordingly, the conviction was upheld and the appeal dismissed.

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• Admissibility Of Confessions
• Evidence Of Children
• Corroboration
• Murder
• Role Of Chiefs In Evidence