Uganda Case Law

Kyomuhangi v Uganda

Kyomuhangi v Uganda (Criminal Appeal No. 131 of 2020) [2021] UGCA 139 (3 November 2021)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 131 of 2020

Judge

Madrama, JA, Egonda-Ntende, JA, Bamugemereire, JA

The Court of Appeal lacks jurisdiction to entertain appeals from the Court Martial Appeal Court except where the sentence is death or life imprisonment, as expressly provided by Regulation 20(2) of the UPDF (Court Martial Appeal Court) Regulations S.I 307-7. The appellant was sentenced to 30 years imprisonment, which does not fall within the jurisdictional exception. The right to appeal is statutory and cannot be implied or inferred. The appellant's conviction and sentence were reviewed by multiple military courts, satisfying both domestic and international requirements for appellate review.…

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• Jurisdiction Of Appellate Courts
• Military Justice
• Trials Of Civilians In Military Courts
• Right Of Appeal

Captain Benjamin Ahimbisibwe v Attorney General

Captain Benjamin Ahimbisibwe v Attorney General (Constitutional Petition No. 44 of 2011) [2020] UGCC 1 (16 January 2020)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 44 of 2011

Judge

Kakuru, JA, Musota, JA, Musoke, JA, Barishaki, JA, Muhanguzi, JA

The Constitutional Court dismissed a petition claiming double jeopardy after a military disciplinary conviction and a later General Court Martial charge.

• Double Jeopardy
• Competent Court
• Fair Trial Rights
• Military Justice
• Autrefois Convict
• Double-jeopardy

Khalifa v Egypt (Communication 656 of 2017)

Khalifa v Egypt (Communication 656 of 2017) [2018] ACHPR 122 (18 October 2018)

Court

African Commission on Human and Peoples Rights

Case number

Communication 656 of 2017

The African Commission struck out Communication 656/17 after the complainant failed to file admissibility submissions or respond to correspondence.

• Right To Fair Trial
• Torture And Inhuman Treatment
• Military Justice
• Prison Conditions
• Admissibility Requirements
• Admissibility

PROJUST NGO v Democratic Republic of Congo (Communication 278 of 2003)

PROJUST NGO v Democratic Republic of Congo (Communication 278 of 2003) [2012] ACHPR 114 (1 March 2012)

Court

African Commission on Human and Peoples Rights

Case number

Communication 278 of 2003

The African Commission held PROJUST NGO’s communication inadmissible for failure to exhaust local remedies and, consequently, failure to meet the reasonable-time requirement.

• Exhaustion Of Local Remedies
• Admissibility Requirements
• Torture Allegations
• Property Confiscation
• Military Justice
• Fair Trial Rights

Dr Kizza Besigye & 10 Ors v The Attorney General

Dr Kizza Besigye & 10 Ors v The Attorney General (Constitutional Petition No. 7 of 2007) [2009] UGCC 3 (1 September 2009)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 7 of 2007

The court found that the petitioners in the present case were not parties to the previous litigation in Uganda Law Society v Attorney General and Attorney General v Uganda Law Society, and that the acts or events complained of by the petitioners constitute a repetition of previous acts by the State. The court held that, although the respondent sought to invoke explanation 6 of section 7 of the Civil Procedure Act to bind the petitioners to the previous decisions, the doctrine of res judicata could not be applied because the present petition concerns new acts and the petitioners were not direc…

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• Res Judicata
• Public Interest Litigation
• Military Justice
• Fundamental Rights
• Court Jurisdiction

Aigbe v Nigeria (Communication 252 of 2002)

Aigbe v Nigeria (Communication 252 of 2002) [2003] ACHPR 38 (29 May 2003)

Court

African Commission on Human and Peoples Rights

Case number

Communication 252 of 2002

The African Commission declared Stephen O. Aigbe’s complaint against Nigeria inadmissible because he did not show exhaustion of local remedies under Article 56(5).

• Exhaustion Of Local Remedies
• Right To Fair Trial
• Military Justice
• Access To Court
• Exhaustion-of-local-remedies
• Admissibility

Uganda Law Society and Another v Attorney General

Uganda Law Society and Another v Attorney General (Constitutional Application 7 of 2003) [2003] UGCC 2 (31 March 2003)

Court

Constitutional Court of Uganda

Case number

Constitutional Application 7 of 2003

Judge

Okello, JCC, Mpagi-Bahigeine, JCC, Engwau,JCC, Kitumba, JCC

The Constitutional Court held that Field Court Martial, though a subordinate court established by Parliament, is recognized by both the NRA Statute and the Constitution as a special court designed to maintain discipline and law and order in military operations. The Constitution exempts Field Court Martial from certain provisions, such as the prerogative of mercy and referral of constitutional questions, indicating Parliament did not intend Article 22(1) to apply to it. The court found no probability of success in the petitions challenging Section 92(1)(a) of the NRA Statute on constitutional…

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• Right To Life
• Military Justice
• Field Court Martial
• Appeal Rights
• Death Penalty
• Judicial Review

Forum of Conscience v Sierra Leone (Communication 223 of 1998)

Forum of Conscience v Sierra Leone (Communication 223 of 1998) [2000] ACHPR 22 (6 November 2000)

Court

African Commission on Human and Peoples Rights

Case number

Communication 223 of 1998

The African Commission held that the execution of 24 soldiers by court martial without a right of appeal violated Articles 4 and 7(1)(a) of the Charter.

• Right To Life
• Fair Trial Rights
• Military Justice
• Exhaustion Of Local Remedies
• Fair-trial-rights
• Right-to-life