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Uganda decisions
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Matanda v Uganda (Criminal Appeal No. 71 of 2018) [2021] UGCA 118 (18 October 2021)
The Court of Appeal quashed Matanda Richard Wamukota’s conviction for indecent assault, holding that the evidence did not prove the offence beyond reasonable doubt.
Senyondo Wilson V Uganda (Criminal Appeal No. 40/03) [2009] UGCA 53 (14 December 2009)
The Court of Appeal found that the prosecution failed to prove the essential elements of indecent assault. The victim did not testify, and there was no direct evidence of what the appellant did. The first examiner's qualification as a nurse was not established, and the medical report from Entebbe Hospital was not produced, despite its relevance. The presence of semen suggested penetration, but the evidence was inconclusive and not corroborated by qualified medical testimony. The trial judge relied on weak and incomplete evidence. The failure to adduce the medical report left the prosecution's…
Source excerpt
Abitegeka Ibrahim v Uganda (Criminal Session 17 of 2002) [2005] UGHC 135 (10 March 2005)
The High Court allowed a criminal appeal, quashing an indecent assault conviction after finding errors in proof, evaluation of evidence, witness attendance, and fair trial handling.
Uganda v Ekyorinkwasa Deus (HCT-05-CR-SC-0074 of 2003) [2003] UGHC 20 (6 November 2003)
The High Court convicted the accused of indecent assault, but acquitted him of theft. It found rape was not proved because intercourse was not established beyond reasonable doubt.
Uganda v Tugumenawe Jack (Criminal Session Case No. 0054 of 2002) [2003] UGHC 19 (6 November 2003)
The High Court of Uganda acquitted the accused of rape for lack of proof of sexual intercourse, but convicted him of indecent assault.
Ugand v Bemba (High Court Criminal Session Case No. 0150 of 2001) [2002] UGHCCRD 8 (20 November 2002)
The High Court convicted Bemba Ibrahim of indecent assault, finding the evidence proved the assault, its indecent nature, and reliable identification.
Kayita Emmanuel v Uganda - Criminal Appeal No 2 of 1998 (Criminal Appeal No. 2 of 1998) [1999] UGHC 2 (27 July 1999)
The High Court allowed a criminal appeal, setting aside an indecent assault conviction because the child complainant’s evidence lacked required corroboration.
Uganda v Okot (Criminal Revision 12 of 1996) [1996] UGHC 41 (27 May 1996)
The High Court quashed Okot Zake’s conviction for indecent assault because the prosecution facts were too vague to disclose the offence, and it refused a retrial.
Rex v Mohamed (Criminal Appeal No. 145 of 1939) [1938] EACA 163 (1 January 1938)
The appeal succeeded because the magistrate wrongly ignored a material discrepancy between the complainant’s police statement and her trial evidence.
Rex v Rwakaikara (Cr. App. 39/1931.) [1931] EACA 15 (1 January 1931)
The East African Court of Appeal upheld a conviction for indecent assault, holding that a prosecutrix’s complaint had been improperly proved by document rather than by oral evidence.
