Uganda Case Law

Mugerwa & Another v Uganda

Mugerwa & Another v Uganda (Criminal Miscellaneous Application 5 of 2022) [2023] UGSC 62 (16 May 2023)

Court

Supreme Court of Uganda

Case number

Criminal Miscellaneous Application 5 of 2022

Judge

Tuhaise, JSC

The Supreme Court, per Tuhaise JSC, held that while not all considerations for bail pending appeal were in the applicants' favour, the applicants had demonstrated sufficient exceptional and unusual circumstances to justify release on bail. The applicants were first offenders, had fixed places of abode, and had previously complied with bail conditions set by the High Court and Court of Appeal. Their offences, though serious and involving large sums, were non-violent, and the applicants were not ordered to compensate the lost funds, which were recovered from a third party. The applicants presen…

Source excerpt

• Bail Pending Appeal
• Abuse Of Office
• Causing Financial Loss
• False Claims By Officials
• Exceptional Circumstances
• Sureties

Mugerwa & Another v Uganda (URA)

Mugerwa & Another v Uganda (URA) (Miscellaneous Application 15 of 2021) [2022] UGSC 26 (27 January 2022)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 15 of 2021

Judge

Tibatemwa-Ekirikubinza, JSC

The Supreme Court held that bail pending appeal requires proof of exceptional and unusual circumstances, which is a higher threshold than bail pending trial. The applicants, having been convicted and sentenced for serious financial crimes, no longer benefit from the presumption of innocence. The gravity of the offences, involving substantial financial loss to a government entity, weighs against release. The applicants failed to provide a record of appeal, limiting the court's ability to assess the likelihood of success. While the applicants presented substantial sureties and complied with pre…

Source excerpt

• Bail Pending Appeal
• Exceptional Circumstances
• Abuse Of Office
• Causing Financial Loss
• False Claims By Officials

Uganda v Mugerwa & Ors (HCT-00-AC-SC 4 of 2015)

Uganda v Mugerwa & Ors (HCT-00-AC-SC 4 of 2015) [2015] UGHCACD 18 (5 November 2015)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-AC-SC 4 of 2015

Judge

Mugamba, JSC

The High Court of Uganda convicted two URA officers for abuse of office, causing financial loss, and false claims over VAT refunds, and acquitted a third accused.

• Abuse Of Office
• Causing Financial Loss
• False Claims By Officials
• Public Service Misconduct
• Vat Refund Fraud
• Abuse-of-office