Nduhukire Nasser alias Don Nasser v Attorney General (Miscellaneous Application No. 8 of 2025) [2025] UGHC 474 (30 June 2025)
Court
High Court of Uganda
Case number
Miscellaneous Application No. 8 of 2025
Judge
Bashaija, J
The High Court held it lacked territorial jurisdiction over alleged abduction and torture in Kenya, found no proof of unlawful rendition, and dismissed the application with costs.
Mary Ntungire and Another v Dr. Mutambabazi and Others (Miscellaneous Cause No. 40 of 2025) [2025] UGHCCD 64 (8 May 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause No. 40 of 2025
Judge
Baguma, J
The High Court closed this human rights application after the 1st applicant was discharged from hospital, finding the dispute had been overtaken by events.
The tribunal found that the applicant was detained for a total of 16 days by agents of the respondent without being brought before a court within the constitutionally mandated 48 hours. The respondent admitted to part of the detention but failed to justify the entire period. The tribunal held that the detention was arbitrary, unjustified, and illegal, constituting a violation of the applicant's right to personal liberty under Article 23 of the Constitution. The respondent, as the employer of the police officers involved, was held vicariously liable for their actions. The tribunal further held…
Kiiza v Attorney General & Another (Miscellaneous Cause 37 of 2025) [2025] UGHCCD 50 (3 March 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 37 of 2025
Judge
Douglas Karekona Singiza, J
The High Court Civil Division does not possess the requisite criminal appellate or revisionary jurisdiction to entertain a habeas corpus application challenging a conviction and sentence imposed by the General Court Martial. The proper procedure for challenging such a conviction is by way of judicial review or through the designated appellate court. The applicant's approach was procedurally incorrect, and the court cannot exercise powers outside its conferred jurisdiction. Consequently, the application for a writ of habeas corpus must fail.
Rtd. Col. Dr. Kizza Besigye & Another v Attorney General & Another (Miscellaneous Cause 31 of 2025) [2025] UGHCCD 29 (24 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 31 of 2025
Judge
Douglas Karekona Singiza, J
The High Court dismissed a habeas corpus application by Dr Besigye and Haji Lutale, holding that they had been formally charged and remanded in a court of competent jurisdiction.
Masereka v Attorney General & Maj. Gen. Kandiho (Miscellaneous Cause 34 of 2022) [2025] UGHCCD 21 (14 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 34 of 2022
Judge
Musa Ssekaana, J
The court found that the applicant was detained for 19 days in violation of Article 23(4)(b) of the Constitution, which requires that a person arrested on suspicion of a criminal offence be brought to court within 48 hours. The evidence, including photographs of wounds and a hospital discharge summary, established on the balance of probabilities that the applicant was subjected to torture, cruel, inhuman, and degrading treatment while in detention, contrary to Articles 24 and 44 of the Constitution and Section 3 of the Prevention and Prohibition of Torture Act, 2012. The respondents failed to…
Kaggwa v Uganda (Criminal Miscellaneous Application 40 of 2024) [2025] UGHC 57 (10 January 2025)
Court
High Court of Uganda
Case number
Criminal Miscellaneous Application 40 of 2024
Judge
Karemani Jamson K, J
The court found that the applicant had been in custody for more than sixty days for the offence of assault occasioning actual bodily harm, entitling him to mandatory bail under the Constitution and the Trial on Indictment Act. For the murder charge, the applicant demonstrated exceptional circumstances, including advanced age and substantial sureties, and satisfied the court that he would not abscond or interfere with the proceedings. The respondent did not oppose the application. The court exercised its discretion to grant bail, considering the applicant's fixed place of abode, responsible ch…
Sections 24, 26, and 27 of the Criminal Procedure Code Act do not contravene or are inconsistent with Articles 23(1) and (4), 28(1), and 44(c) of the Constitution, nor with Article 8A and Objective XXVIII of the National Objectives and Directive Principles of State Policy, Article 9(1) of the ICCPR, or Article 6 of the African Charter on Human and Peoples' Rights. The provisions are not wide or ambiguous, as they are limited by the definition of cognisable offences and are subject to procedural safeguards, including the requirement to bring detainees before a magistrate without unnecessary de…
Sserunkuma and Another v Attorney General (Miscellaneous Cause 102 of 2021) [2024] UGHCCD 108 (8 July 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 102 of 2021
Judge
Boniface Wamala, J
The court found that the Applicants' rights to personal liberty were violated by the Respondent's agents in three respects: (1) the 2nd Applicant was not informed of the reason for his arrest, (2) both Applicants were not informed of their right to access a lawyer of their choice, and (3) both were detained for a period exceeding 48 hours before being brought to court. The Respondent's justification for the delay, based on ongoing investigations, was rejected as legally and factually unsound, especially since the charge sheet had already been sanctioned prior to arrest. The court held that th…