Uganda Case Law

Henerico v United Republic of Tanzania (Application No. 056/2016)

Henerico v United Republic of Tanzania (Application No. 056/2016) [2022] AfCHPR 13 (10 January 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 056/2016

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the Respondent State violated the Applicant's right to be tried within a reasonable time, as he was detained for over six years before trial without justification. The mandatory imposition of the death penalty under Tanzanian law deprived the sentencing judge of discretion and constituted an arbitrary deprivation of the right to life. The method of execution by hanging was held to be inherently degrading and in violation of the right to dignity. The High Court's failure to consider the Applicant's mental health evaluation report was a grave procedural irregularity, violat…

Source excerpt

• Right To Life
• Death Penalty
• Fair Trial
• Right To Dignity
• Mandatory Sentencing
• Mental Health In Criminal Law

Uganda v Afeku

Uganda v Afeku (Criminal Case No. 0098 of 2014) [2017] UGHCCRD 30 (10 February 2017)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Case No. 0098 of 2014

Judge

Stephen Mubiru, J

The court found that the prosecution proved beyond reasonable doubt that the accused unlawfully caused the death of Miriga Frederick with malice aforethought. The accused's defence of provocation failed because the objective standard was not met; the deceased's conduct, though annoying, was not sufficient to deprive an ordinary person of self-control, and the accused had time for his passion to cool before the fatal act. The accused's mental health issues, while significant, did not amount to legal insanity or substantially impaired responsibility at the time of the offence. The accused admit…

Source excerpt

• Murder
• Defences To Criminal Liability
• Sentencing Guidelines
• Mental Health In Criminal Law

Sekamatte v Uganda

Sekamatte v Uganda (Criminal Appeal No.67 of 2013) [2015] UGCA 98 (27 May 2015)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No.67 of 2013

Judge

Kasule, JA

The Court of Appeal upheld a 32-year sentence for murder, but corrected the start date to the original sentence date rather than the mitigation date.

• Sentencing Principles
• Mitigation
• Death Penalty
• Mental Health In Criminal Law
• Criminal-sentencing
• Murder

Rex v Kachinga

Rex v Kachinga (Criminal Appeal No. 40 of 1946) [1946] EACA 33 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 40 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal held that insanity need only be proved by a preponderance of evidence, not beyond reasonable doubt, and substituted a verdict of guilty but insane.

• Murder
• Insanity Defence
• Burden Of Proof
• Mental Health In Criminal Law
• Insanity-defence
• Burden-of-proof