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.
Elungu v Uganda (Criminal Appeal 52 of 2020) [2024] UGCA 48 (23 February 2024)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 52 of 2020
Judge
Barishaki, JA, Gashirabake, JA, Kihika ,JA
The Court of Appeal found that the trial judge failed to comply with the mandatory requirement to inquire into the appellant's mental status, despite a prior medical report indicating mental illness and an order for further psychiatric evaluation. No report from Butabika Hospital was availed, and the trial proceeded without proper determination of the appellant's fitness to stand trial. This omission violated section 45 of the Trial on Indictments Act and Article 28 of the Constitution, which guarantee a fair hearing. The absence of a proper inquiry into the appellant's mental capacity render…