Kaye v Uganda
Kaye v Uganda (Criminal Appeal No. 300 of 2008) [2021] UGCA 54 (24 August 2021)
The Court found that the irretrievable loss of the trial court's judgment rendered it impossible for the appellant to exercise his constitutional right of appeal. The absence of the judgment was not the appellant's fault, and the inordinate delay of over ten years in hearing the appeal further compounded the injustice. The Court held that ordering a retrial would not serve justice, given the appellant's prolonged incarceration and the likely erosion of witness memory and evidence quality. Relying on precedent, the Court concluded that the conviction and sentence must be set aside, and the app…
Source excerpt
- Right Of Appeal
- Loss Of Court Records
- Miscarriage Of Justice
- Retrial Principles