The African Court found Tanzania violated rights to life and dignity by imposing a mandatory death sentence and hanging, but rejected the fair trial claim.
Mwijukye v Uganda (Criminal Appeal 93 of 2021) [2023] UGCA 331 (10 November 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 93 of 2021
Judge
Cheborion, JA, Obura, JA, Luswata, JA
The Court of Appeal upheld a 19-year murder sentence imposed after a plea bargain, finding it was neither harsh nor excessive and that the appeal lacked merit.
The Court held that the mandatory imposition of the death penalty under Section 197 of the Tanzanian Penal Code constitutes an arbitrary deprivation of the right to life, violating Article 4 of the African Charter. The Court reaffirmed its jurisprudence that such mandatory sentencing precludes judicial discretion and consideration of mitigating factors, rendering the penalty arbitrary. Furthermore, the method of execution by hanging is inherently degrading and violates the right to dignity under Article 5 of the Charter. The Court found no violation of the Applicant's fair trial rights under…
Ocheng v Uganda (Criminal Appeal No. 620 of 2014) [2023] UGCA 127 (29 March 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 620 of 2014
Judge
Monica K. Mugenyi, JA, Cheborion, JA, Gashirabake, JA
The Court of Appeal upheld a 25-year sentence for aggravated defilement, finding it was within the sentencing range and that remand time had been considered.
Alemiga v Uganda (Criminal Appeal No. 234 of 2017) [2021] UGCA 172 (10 December 2021)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 234 of 2017
Judge
Obura, JA, Musoke, JA, Barishaki, JA
The Court of Appeal found that the trial judge erred by denying the appellant an opportunity to participate in plea bargaining and by failing to allow the appellant or his counsel to present mitigating factors before sentencing. The trial judge's omission to conduct allocutus and to record submissions on mitigation amounted to ignoring important matters that should have been considered in sentencing, resulting in a miscarriage of justice. The appellate court set aside the original sentence and, after considering both aggravating and mitigating factors—including the appellant's guilty plea, ti…
The Supreme Court upheld a 25-year sentence for defilement, holding that the appellant was not entitled to remand-time deduction because he was already serving another sentence.
The Supreme Court majority held that although the trial judge erred by considering a longer remand period (5 years instead of 3 years, 11 months), at the time of sentencing and the first appeal, the law did not require precise mathematical deduction of remand time. The courts below followed the prevailing legal standard, which only required acknowledgment of the remand period. Therefore, the sentence was not illegal. The majority also found no basis to interfere with the trial judge's discretion in sentencing, as the sentence was not manifestly excessive or unjust. The dissenting opinion, how…
Kabaza Vs Uganda (Criminal Appeal No. 009 of 2013) [2019] UGCA 2082 (25 June 2019)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 009 of 2013
Judges
Firstly, the fact that there was no loss of life and no physical injuries occasioned on the victims by the appellants should be considered by this Court in reducing the sentence imposed on the appellant. He referred to the learned trial Judge's finding that although the victims were robbed using deadly weapons, to wit, a knife and a gun, the victims were left unhurt. He cited Pte Kusemererwa & Anor vs Uganda, CACA No. 83 of 2010
The Court of Appeal reduced a 30-year sentence for aggravated robbery to 19 years, then deducted remand time and ordered the appellant’s release.
Mutatina & Anor Vs Uganda (Criminal Appeal No. 137 of 2011) [2018] UGCA 101 (2 October 2018)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 137 of 2011
The Court of Appeal reduced murder sentences from 25 to 20 years, holding the trial judge had considered remand time and mitigating factors, but the original term was excessive.