Uganda Case Law

Odwe and Another v Attorney General and 4 Others (Consitutional Petition 7 of 2015)

Odwe and Another v Attorney General and 4 Others (Consitutional Petition 7 of 2015) [2023] UGCC 106 (19 October 2023)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition 7 of 2015

Judge

Buteera, DCJ, Kiryabwire, JCC, Mulyagonja, JCC, Monica K. Mugenyi, JCC, Kihika, JA /JCC

The Constitutional Court dismissed a petition challenging amended criminal charges, holding that withdrawal of the charges rendered the case moot and left no live constitutional controversy.

• Amendment Of Charges
• Powers Of Director Of Public Prosecutions
• Right To Fair Trial
• Mootness Doctrine
• Constitutional Interpretation
• Withdrawal Of Criminal Proceedings

Uganda v Kayihura & Ors (Revision Cause No. 34 of 2016)

Uganda v Kayihura & Ors (Revision Cause No. 34 of 2016) [2016] UGHCCRD 75 (17 August 2016)

Court

HC: Criminal Division (Uganda)

Case number

Revision Cause No. 34 of 2016

Judge

Murangira, J

The High Court held that the Director of Public Prosecutions (DPP) possesses the constitutional and statutory mandate to take over and continue any criminal proceedings instituted by private persons or authorities at any stage before judgment, without the requirement to file a formal application. The Chief Magistrate erred in law and fact by barring the DPP from addressing the court and insisting on a formal application, which contravened Article 120(3) and (6) of the Constitution. The High Court exercised its revisionary jurisdiction to correct this illegality and ordered that the DPP be all…

Source excerpt

• Powers Of Director Of Public Prosecutions
• Private Prosecution
• Revision Jurisdiction
• Procedural Irregularities