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Uganda decisions
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Ssewanyana & Another v Uganda (Miscellaneous Application 19 of 2022) [2022] UGHCICD 7 (28 September 2022)
The High Court declined to consolidate two criminal files, holding that criminal consolidation is not provided for in Ugandan procedure and that joinder was impracticable.
Kazinda & 2 Others v Uganda (Criminal Appeal No. 183 of 2017) [2020] UGCA 2078 (7 August 2020)
The Constitutional Court found that the successive prosecutions of the petitioner for offences arising from the same facts and criminal intent, committed during his tenure as Principal Accountant in the Office of the Prime Minister, amounted to double jeopardy and violated Article 28(9) of the Constitution. The Court held that the offences were of the same or similar character and should have been joined in one trial. The repeated prosecutions deprived the petitioner of his right to a fair and speedy hearing under Article 28(1). Furthermore, Sections 90 and 91 of the Magistrates Courts Act an…
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Singh and Others v Queen (Criminal Appeals Nos. 58 and 59 of 1955) [1955] EACA 262 (1 January 1955)
The appeal challenged a criminal conviction for housebreaking and theft, joinder of offences, and reliance on false statements and circumstantial evidence.
Rex v Mereru and Another (CRIMINAL APPEALS Nos. 27, 28, 29 AND 30 OF 1939) [1939] EACA 118 (1 January 1939)
Although the charge was technically defective for duplicity by including three murders in a single count, the defect was cured by section 335 of the Tanganyika Criminal Procedure Code because there was no evidence or suggestion that the accused were prejudiced or embarrassed in their defence, nor was there any failure of justice. The killings formed part of a single transaction, and the procedural irregularity did not affect the fairness of the trial or the validity of the convictions. The court followed established English, Kenyan, and Indian authorities, holding that procedural errors in th…
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