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Criminal Law [2024] UGHCACD 1

Kitutu Mary Goretti Kimono v Attorney General

Kitutu Mary Goretti Kimono v Attorney General (Criminal Miscellaneous Application 76 of 2023) [2024] UGHCACD 1 (7 February 2024)

The court found that the Human Rights (Enforcement) Act 2019, read as a whole, mandates that any allegations of violation of non-derogable rights, particularly the right to a fair trial, must be resolved before criminal proceedings can continue. The Act provides for an automatic right of appeal and sets strict timelines for the resolution of such appeals to prevent undue delay. The court determined that the applicant's appeal raises arguable points of law regarding the alleged violation of non-derogable rights and that proceeding with the criminal trial before the appeal is resolved could ren…

  • Stay Of Proceedings
  • Human Rights Enforcement
  • Non Derogable Rights
  • Right To Fair Trial
  • Appeal Process
  • Nullification Of Prosecution
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