Uganda Case Law

Gukuli v Reginam

Gukuli v Reginam (Criminal Appeal No. 75 of 1955) [1955] EACA 346 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 75 of 1955

Judge

De Lestang J, Nihill P, Worley VP

The court held that section 61B of the Penal Code creates two distinct offences: administering an oath and being present and consenting to the administration of an oath. Charging both alternatives in a single count is bad for duplicity under section 135(2) of the Criminal Procedure Code, as it fails to specify the precise offence for which the accused is convicted. This is a substantial, not merely formal, defect. The court found that such duplicity necessarily prejudices the accused, as he cannot know with certainty the exact offence of conviction, which impairs his ability to defend himself…

Source excerpt

• Duplicity In Charges
• Criminal Procedure Irregularities
• Failure Of Justice
• Alternative Offences
• Drafting Of Charges

Kitete and Another v Rex

Kitete and Another v Rex (Criminal Appeals Nos. 179 and 180 of 1951) [1951] EACA 294 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 179 and 180 of 1951

Judge

Hearne CJ, Nihill P, Worley VP

The Court of Appeal set aside convictions for official corruption, holding that the appeal had been wrongly summarily rejected and the evidence was insufficient.

• Official Corruption
• Summary Rejection Of Appeal
• Corroboration Of Accomplice Evidence
• Public Servant Status
• Failure Of Justice
• Criminal-law

Rex v Chelagat

Rex v Chelagat (Criminal Appeal No. 436 of 1948) [1948] EACA 79 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 436 of 1948

Judge

Nihill P

The East African Court of Appeal held that a corruption charge combining multiple distinct transactions in one count was duplicitous and not curable.

• Official Corruption
• Duplicity Of Charge
• Curable Irregularity
• Criminal Procedure Code
• Failure Of Justice
• Official-corruption

Rex v Chagona

Rex v Chagona (Criminal Appeal No. 409 of 1948) [1948] EACA 78 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 409 of 1948

Judge

Nihill P

The court dismissed a criminal appeal despite defects in the charge particulars and the magistrate’s record, finding no prejudice or failure of justice.

• Receiving Stolen Property
• Defective Charge Particulars
• Procedural Irregularities
• Prejudice To Accused
• Magistrate Compliance
• Failure Of Justice

Rex v Suke and Others

Rex v Suke and Others (Criminal Appeals Nos. 220, 221 and 222 of 1947) [1947] EACA 55 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 220, 221 and 222 of 1947

Judge

Graham Paul CJ, Nihill P, Thacker J

The Court of Appeal held that convicting some accused before a joint trial was complete was an incurable irregularity, quashed the convictions, and ordered a retrial.

• Joint Trial Irregularity
• Right To Cross Examination
• Failure Of Justice
• New Trial Order
• Conviction Nullity
• Joint-trial-irregularity

Rex v Karigu and Others ('Criminal Appeals Nos. 226, 227, 228, 229, 230,231, 232, 241, 242 and 243 of 1945 Consolidated)

Rex v Karigu and Others ('Criminal Appeals Nos. 226, 227, 228, 229, 230,231, 232, 241, 242 and 243 of 1945 Consolidated) [1946] EACA 70 (1 January 1946)

Court

East African Court of Appeal

Case number

'Criminal Appeals Nos. 226, 227, 228, 229, 230,231, 232, 241, 242 and 243 of 1945 Consolidated

Judge

De Lestang, Ag. J, Sheridan CJ

The court held that a charge for purchasing eggs in a declared area was not defective despite not spelling out the eggs' origin, and upheld the fines.

• Native Produce Offences
• Licensing Requirements
• Charge Defects
• Sentencing
• Failure Of Justice
• Criminal-law

Rex v Jetha

Rex v Jetha (Criminal Appeal No. 291 of 1945) [1946] EACA 27 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 291 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court held that although it was doubtful whether the fifth charge of giving false information was founded on the same facts as the charges of obtaining money by false pretences, any irregularity in the joinder of charges was curable under Section 335 of the Criminal Procedure Code, 1930, provided no failure of justice occurred. The test for failure of justice is whether the irregularity caused prejudice or embarrassment to the accused. The Court found no such prejudice, as evidence of the false report could have been admitted to establish fraudulent intent even if tried separately. The Ma…

Source excerpt

• Joinder Of Charges
• Misjoinder
• Failure Of Justice
• False Pretences
• False Information

Rex v Nathoo

Rex v Nathoo (Criminal Appeal No. 71 of 1946) [1946] EACA 34 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 71 of 1946

Judge

Graham Paul CJ, Pearson J, Whitley CJ

The Court of Appeal held that failure to comply with section 209 of Kenya’s Criminal Procedure Code was not fatal because it caused no prejudice or failure of justice.

• Criminal Procedure Code
• Failure Of Justice
• Mandatory Vs Directory Provisions
• Prejudice To Accused
• Curable Irregularities
• Criminal-procedure

Rex v Kipalata

Rex v Kipalata (Criminal Appeal No. 195 of 1946) [1946] EACA 44 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 195 of 1946

Judge

Graham Paul CJ, Gray CJ, Sheridan CJ

The court held that although the information for murder was irregularly filed because the depositions at committal did not disclose the offence of murder, this irregularity was not fatal to the conviction. The appellant was given timely notice of the additional evidence and the substance of the new witnesses' testimony. The defence was not prejudiced, as the cause of death was not disputed and the appellant's only argument was for a reduction to manslaughter based on extenuating circumstances. The trial judge carefully considered all possible defences and found none sufficient to reduce the c…

Source excerpt

• Murder
• Committal Proceedings
• Irregularity In Information
• Failure Of Justice
• Admissibility Of Evidence

Rex v Busigo

Rex v Busigo (Criminal Appeal No. 13 of 1945) [1945] EACA 19 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 13 of 1945

Judge

Gray CJ, Manning J, Pearson J

The Court of Appeal for Eastern Africa held that lack of statutory notice for a formally called witness did not cause a failure of justice and dismissed the murder appeal.

• Admissibility Of Evidence
• Procedural Irregularity
• Failure Of Justice
• Statutory Notice Requirements
• Criminal-procedure
• Admissibility-of-evidence