Uganda Case Law

Wankuma v Uganda

Wankuma v Uganda (Criminal Appeal 4 of 2022) [2025] UGCA 35 (13 February 2025)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal 4 of 2022

Judge

Kiryabwire, JA, Muzamiru, JA, Kihika, JA /JCC

The Court of Appeal held that the appellant, having pleaded guilty and confirmed the facts—including his age (19) and the victim's age (13)—could not challenge the conviction or the factual findings regarding age. The only permissible ground of appeal was the legality of the sentence. The trial judge erred by failing to arithmetically deduct the period spent on remand from the sentence, as required by Article 23(8) of the Constitution and the Supreme Court's decision in Rwabugande v Uganda. The sentence imposed was therefore illegal to the extent that it did not specifically credit the remand…

Source excerpt

• Aggravated Defilement
• Sentencing Principles
• Remand Period Deduction
• Juvenile Justice
• Plea Of Guilty

Taremwa & 3 Others v Uganda

Taremwa & 3 Others v Uganda (Miscellaneous Application 32 of 2024) [2024] UGHC 941 (7 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 32 of 2024

Judge

Katamba Nkwanga, J

The court found that the 1st Applicant was a juvenile at the time of arrest and detention, as evidenced by his UCE certificate and statements, and that he was unlawfully detained in adult prison for over five years, far exceeding the statutory maximum remand period for juveniles. This constituted a breach of his non derogable rights under the Constitution and the Children Act. The court held that, pursuant to Section 11(2) of the Human Rights (Enforcement) Act, 2019, and relevant constitutional provisions, the trial against the 1st Applicant was a nullity and must be discontinued, with immedi…

Source excerpt

• Juvenile Justice
• Remand Periods
• Detention With Adults
• Right To Be Produced In Court
• Nullification Of Trial
• Constitutional Rights Enforcement

Uganda v K.R

Uganda v K.R (Criminal Session 188 of 2024) [2024] UGHCCRD 43 (5 June 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session 188 of 2024

Judge

Mutonyi, J

The High Court held that a juvenile accused was remanded in an adult prison and denied juvenile safeguards, violating non-derogable fair-hearing rights.

• Juvenile Justice
• Fair Hearing
• Remand Procedure
• Constitutional Rights Violation
• Juvenile-justice
• Fair-hearing

Kadumbagula and Another v United Republic of Tanzania (Application No. 031/2017)

Kadumbagula and Another v United Republic of Tanzania (Application No. 031/2017) [2024] AfCHPR 11 (4 June 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 031/2017

Judge

Adjei J, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found the Second Applicant’s rights to defence, fair sentencing, and child-sensitive treatment were violated, and ordered release and reparation.

• Right To Fair Trial
• Juvenile Justice
• Legal Aid And Defence Rights
• Retroactive Application Of Law
• Corporal Punishment
• Sentencing And Penalties

Uganda v N.E

Uganda v N.E (Criminal Session 588 of 2023) [2024] UGHC 511 (21 March 2024)

Court

High Court of Uganda

Case number

Criminal Session 588 of 2023

Judge

David S.L. Makumbi, J

The High Court held that a juvenile accused with mild mental retardation and hearing impairment was incapable of standing trial. The trial was declared a nullity and the accused acquitted.

• Aggravated Defilement
• Mental Capacity Of Accused
• Juvenile Justice
• Fair Trial Rights
• Constitutional Protections
• Procedural Safeguards

Uganda v K J and Another (HCT-00-CR-JSC 625 of 2022)

Uganda v K J and Another (HCT-00-CR-JSC 625 of 2022) [2023] UGHCCRD 107 (26 July 2023)

Court

HC: Criminal Division (Uganda)

Case number

HCT-00-CR-JSC 625 of 2022

Judge

Mutonyi, J

The High Court held that juvenile accused persons had been unlawfully remanded with adults, declared the trial a nullity, and acquitted them.

• Juvenile Justice
• Remand Procedure
• Constitutional Rights Of Children
• Nullity Of Trial Due To Rights Violation
• Juvenile-justice
• Remand-procedure

Uganda v Kakube

Uganda v Kakube (Criminal Session Case 74 of 2022) [2023] UGHC 489 (29 June 2023)

Court

High Court of Uganda

Case number

Criminal Session Case 74 of 2022

Judge

Batema, J

The accused was a minor at the time of the alleged offence and was illegally detained and charged as an adult, contrary to the provisions of the Children Act. The law requires that a child should not be detained in an adult prison, should be remanded for no more than six months, and should have their trial completed within twelve months of taking plea. The accused spent nine years on remand, far exceeding the maximum permissible period for a juvenile offender, and his rights to a fair and expeditious hearing were violated. The trial, commenced more than three years after committal, is illegal…

Source excerpt

• Juvenile Justice
• Illegal Detention
• Remand Procedure
• Right To Fair Hearing

Uganda v Kakube Stone alias Topher

Uganda v Kakube Stone alias Topher (Criminal Session 74 of 2022) [2023] UGHC 504 (29 June 2023)

Court

High Court of Uganda

Case number

Criminal Session 74 of 2022

Judge

Batema, J

The High Court of Uganda discharged a juvenile accused after finding he had been illegally detained as an adult for nine years, in breach of children’s rights and trial timeliness rules.

• Juvenile Justice
• Illegal Detention
• Remand Procedure
• Children Rights
• Juvenile-justice
• Children-act

Uganda v NC (HCT-00-CR-JSC 87 of 2003)

Uganda v NC (HCT-00-CR-JSC 87 of 2003) [2023] UGHCCRD 104 (26 June 2023)

Court

HC: Criminal Division (Uganda)

Case number

HCT-00-CR-JSC 87 of 2003

Judge

Mutonyi, J

The High Court held that a juvenile accused had been unlawfully remanded in an adult prison, declared the criminal trial a nullity, and discharged him.

• Juvenile Justice
• Aggravated Robbery
• Unlawful Detention
• Children Rights Violation
• Juvenile-justice
• Unlawful-detention

Uganda v T A and Another (HTC-00-CR-SC 294 of 2020)

Uganda v T A and Another (HTC-00-CR-SC 294 of 2020) [2022] UGHCCRD 102 (22 March 2022)

Court

HC: Criminal Division (Uganda)

Case number

HTC-00-CR-SC 294 of 2020

Judge

Mutonyi, J

The High Court held that two accused persons were juveniles at the time of the offence, had been wrongly held in adult prison, and had already served the lawful sentence.

• Juvenile Justice
• Aggravated Robbery
• Unlawful Detention
• Children Rights Violation
• Juvenile-justice
• Children-act