Uganda Case Law

Ali and Another v Republic of Tunisia (Application No. 009/2023)

Ali and Another v Republic of Tunisia (Application No. 009/2023) [2024] AfCHPR 16 (3 September 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2023

Judge

Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction over the application, as Tunisia ratified the relevant instruments and deposited the required declaration. The objection based on sovereignty was dismissed, reaffirming that international obligations prevail over domestic claims of non-interference. However, the Court found that the applicants had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since their cassation appeal regarding their detention and committal was still pending before the domestic co…

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• Right To Liberty
• Pre Trial Detention
• Exhaustion Of Local Remedies
• Sovereignty Vs International Obligations
• Right To Fair Trial
• Freedom Of Expression

Magoti and Another v Attorney General of the United Republic of Tanzania

Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020) [2023] EACJ 14 (30 November 2023) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.2 of 2020

Judge

Gacuko J, Masara PJ, Muhumuza J, Nyachae J, Wejuli J

The East African Court of Justice dismissed a challenge to Tanzanian pre-trial detention laws, holding it lacked jurisdiction ratione temporis under Article 30(2) and non-retroactivity.

• Treaty Interpretation
• Jurisdiction Ratione Temporis
• Pre Trial Detention
• Non Retroactivity
• Human Rights Obligations
• Jurisdiction-ratione-temporis

Mugera v Uganda (HCT-00-ICD-CR-SC 2 of 2023)

Mugera v Uganda (HCT-00-ICD-CR-SC 2 of 2023) [2023] UGHCICD 11 (28 March 2023)

Court

HC: International Crimes Division (Uganda)

Case number

HCT-00-ICD-CR-SC 2 of 2023

Judge

Komuhangi, J

The High Court’s International Crimes Division dismissed a bail application, finding the applicant’s sureties were not substantial and the risk of absconding was high.

• Bail Application
• Pre Trial Detention
• Fixed Place Of Abode
• Surety Requirements
• Presumption Of Innocence
• Bail-application

Serukwaya and 3 Others v Uganda

Serukwaya and 3 Others v Uganda (Criminal Miscellaneous Application No. 19 of 2022) [2023] UGHCCRD 3 (17 January 2023)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application No. 19 of 2022

Judge

Nakachwa, J

High Court ruling granting bail to three accused persons charged with murder after they had spent over 180 days on remand before committal.

• Bail Application
• Mandatory Bail
• Pre Trial Detention
• Sureties
• Personal Liberty
• Mandatory-bail

Bakulha & 48 Others v Uganda

Bakulha & 48 Others v Uganda (Miscellaneous Application 17 of 2022; Miscellaneous Application 18 of 2022) [2022] UGHCICD 8 (19 December 2022)

Court

HC: International Crimes Division (Uganda)

Case number

Miscellaneous Application 17 of 2022 ; Miscellaneous Application 18 of 2022

Judge

Komuhangi, J

The High Court granted bail to six applicants on advanced age grounds, but denied bail to the remaining 43, citing grave charges, residence contradictions, and public security concerns.

• Bail Application
• Exceptional Circumstances
• Pre Trial Detention
• Public Security
• Presumption Of Innocence
• Judicial Discretion

Msuguri v United Republic of Tanzania (Application No. 052/2016)

Msuguri v United Republic of Tanzania (Application No. 052/2016) [2022] AfCHPR 36 (1 December 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 052/2016

Judge

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

The African Court found that the mandatory imposition of the death penalty under Tanzanian law violated the applicant's right to life and fair trial as protected by Articles 4 and 7 of the African Charter. The Court held that, although the domestic courts considered the applicant's insanity defense, the law deprived the sentencing judge of discretion to impose a lesser sentence based on individual circumstances, rendering the deprivation of life arbitrary. The Court further determined that the applicant's prolonged pre-trial detention of over six years and extended time on death row constitut…

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• Right To Life
• Mandatory Death Penalty
• Fair Trial Rights
• Pre Trial Detention
• Inhuman Or Degrading Treatment
• Judicial Discretion

Okanya v Uganda

Okanya v Uganda (Criminal Misc. Application No. 16 of 2016) [2016] UGHCCRD 134 (5 October 2016)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Misc. Application No. 16 of 2016

Judge

Luswata, J

The High Court granted bail to the applicant in a murder case, finding his fixed abode and sureties sufficient and imposing cash and reporting conditions.

• Bail Application
• Pre Trial Detention
• Surety Requirements
• Fixed Place Of Abode
• Bail-application
• Pre-trial-detention

Kaweesi v Uganda

Kaweesi v Uganda (Criminal Miscellaneous Application No. 30 of 2015) [2015] UGHCCRD 67 (26 August 2015)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application No. 30 of 2015

Judge

Murangira, J

The High Court dismissed Kaweesi Frank’s renewed bail application, holding that the circumstances had not changed since an earlier refusal and the case had now been fixed for hearing.

• Bail Application
• Pre Trial Detention
• Constitutional Rights
• Trial Indictment Act
• Bail-application
• Pre-trial-detention

Uganda v Serwamba & Ors (HCT-00-CN 24 of 2015)

Uganda v Serwamba & Ors (HCT-00-CN 24 of 2015) [2015] UGHCACD 16 (30 June 2015)

Court

HC: Anti corruption Division (Uganda)

Case number

HCT-00-CN 24 of 2015

Judge

Mugamba, JSC

High Court of Uganda denied bail in a corruption case, holding that most applicants had no valid supporting affidavits and that the remaining applicant lacked proof of fixed abode and strong sureties.

• Bail Application
• Pre Trial Detention
• Constitutional Rights
• Trial On Indictments
• Affidavit Requirements
• Bail-application

Legal Defence and Assistance Project v Federal Republic of Nigeria (Communication 425/12)

Legal Defence and Assistance Project v Federal Republic of Nigeria (Communication 425/12) [2014] ACHPR 7 (29 July 2014)

Court

African Commission on Human and Peoples Rights

Case number

Communication 425/12

The Commission found that the combined effect of sections 35(4) and 35(7) of the Nigerian Constitution excludes persons detained on suspicion of capital offences from the right to be brought before a court within a reasonable time or to be released, rendering local remedies unavailable for such detainees. The Commission accepted the applicant's evidence that the victim had been detained for over three years without trial or legal advice, and that attempts to seek judicial remedies were unduly prolonged and ineffective. The Commission held that, in accordance with its jurisprudence, the exhaus…

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• Pre Trial Detention
• Exhaustion Of Local Remedies
• Torture And Inhuman Treatment
• Supremacy Of Constitution
• Right To Fair Trial