Uganda Case Law

Njoki v Uganda

Njoki v Uganda (Criminal Appeal 93 of 2023) [2024] UGHCCRD 71 (18 December 2024)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal 93 of 2023

Judge

Gadenya, J

The appellate court found that the appellant was afforded adequate time and facilities to prepare his defence, and his right to a fair trial was not compromised. The prosecution's failure to disclose evidence was not fatal, as the appellant did not request disclosure and suffered no miscarriage of justice. Sufficient circumstantial evidence linked the appellant to the fraudulent Facebook account and SIM card, supporting the conviction for electronic fraud. However, the trial magistrate erred by failing to deduct the period spent on remand from the sentence, rendering the sentence illegal. The…

Source excerpt

• Electronic Fraud
• Personation
• Forgery
• Fair Trial Rights
• Sentencing Principles
• Pretrial Disclosure

Ssewanyana & Another v Uganda

Ssewanyana & Another v Uganda (Miscellaneous Application 3 of 2023) [2023] UGHCICD 10 (25 September 2023)

Court

HC: International Crimes Division (Uganda)

Case number

Miscellaneous Application 3 of 2023

Judge

Komuhangi, J

The High Court dismissed an application to stay criminal proceedings pending a constitutional petition, holding the petition had no likelihood of success and delay was unjustified.

• Stay Of Proceedings
• Pretrial Disclosure
• Fair Hearing Rights
• Witness Protection
• Constitutional Reference
• Stay-of-proceedings

Male Mabirizi v Attorney General

Male Mabirizi v Attorney General (Constitutional Petition No. 21 of 2014) [2020] UGCC 15 (16 January 2020)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 21 of 2014

Judge

Kiryabwire, JCC, Kakuru, JCC, Cheborion, JCC, Musota, JCC, Muhanguzi, JSC

The court held that the DPP's exclusive power to discontinue criminal proceedings under Article 120(4)(b) does not preclude the prosecution or the court from proceeding with a criminal trial unless and until the DPP exercises that power. A mere request to the DPP for discontinuance does not operate as a stay of proceedings. The acts of the Resident State Attorney and the Magistrate in amending the charge sheet and allowing the trial to proceed while the DPP's decision was pending did not contravene the petitioner's constitutional rights to a fair hearing, equality before the law, or non-derog…

Source excerpt

• Powers Of Dpp
• Right To Fair Hearing
• Pretrial Disclosure
• Equality Before Law
• Criminal Procedure
• Constitutional Interpretation