Uganda v Kasozi Stephen (HCCT-00-CR-SC 829 of 2019)
Uganda v Kasozi Stephen (HCCT-00-CR-SC 829 of 2019) [2021] UGHC 18 (9 March 2021)
The court found that the accused, Kasozi Stephen, suffers from a permanent intellectual disability that renders him incapable of understanding the proceedings. Requiring him to give a defence or detaining him pending a ministerial order would violate his fundamental right to be heard and constitute an abuse of court process. The statutory provisions for detention in safe custody are inapplicable where the incapacity is permanent and ministerial action is unlikely or unduly delayed. Exercising its inherent powers under the Judicature Act, the court terminated the proceedings and discharged the…
Source excerpt
- Fitness To Stand Trial
- Intellectual Disability
- Abuse Of Process