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Uganda decisions
Decisions matching the current search
Dramadri v Attorney General (Miscellaneous Cause No. 173 of 2022) [2023] UGHCCD 73 (31 March 2023)
The High Court dismissed an application challenging prosecution after a withdrawn complaint, holding that private settlement cannot limit the DPP’s constitutional mandate.
RA 65008 W011 Atunga Bantu and 7 Others v Director Public Prosecutions and Story (Miscellaneous Cause No. 247 of 2017) [2021] UGHC 49 (24 June 2021)
The court found that the Director of Public Prosecutions (DPP) is not a body corporate and cannot be sued, thus striking out the case against the DPP. On the substantive issues, the court held that the applicants failed to prove, on a balance of probabilities, that they were tortured, as their allegations were not corroborated by medical or other independent evidence. However, the court accepted the applicants' uncontroverted assertions that they were detained in military custody, an ungazetted place, for periods exceeding the constitutionally mandated 48 hours before being produced in court.…
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Dr. Kamba Baleke v Attorney General and Another (Constitutional Petition No. 2 of 2014) [2021] UGCC 16 (27 April 2021)
The Constitutional Court found that the petition did not raise any questions requiring constitutional interpretation under Article 137. The alleged irregularities in the prosecution process, such as inclusion of alternative charges, endorsement of charge sheets, and conduct of concurrent trials, are matters for enforcement and redress in the trial courts or by appeal, not for constitutional interpretation. The Court emphasized that its jurisdiction is limited to interpretation of the Constitution and that enforcement of rights and remedies for procedural errors fall within the purview of the…
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Rutayisire and Anor v Uganda Revenue Authority (Miscellaneous Cause No. 236 of 2020) [2021] UGHCCD 10 (19 March 2021)
The High Court quashed the prosecution of two company officers, finding the decision irrational, procedurally improper, and an abuse of process.
Rutayisire Alphonse and Anor V Uganda Revenue Authourity (The Commissioner Customs) (Miscellaneous Cause No. 236 of 2020) [2021] UGHCCD 15 (19 March 2021)
The court found that the Respondent's decision to prosecute the Applicants, who were not present in Uganda at the time of the alleged offences and were not directly involved in the acts complained of, was irrational, procedurally improper, and an abuse of due process. The Respondent failed to provide evidence justifying the charges against the Applicants, ignored the principle of corporate personality, and did not follow statutory procedures for prosecuting companies. The court held that criminal liability should not be imputed to directors or managers absent direct involvement or evidence of…
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Naphatal Were and Another v Attorney General (Consolidated Constitutional Application No. 42 of 2012; Consolidated Constitutional Application No. 52 of 2012) [2021] UGCC 9 (9 March 2021)
The Constitutional Court found that the Director of Public Prosecutions (DPP) acted within the constitutional mandate and exercised prosecutorial discretion properly in charging and prosecuting the petitioners. The Court held that there was no credible evidence to show that the DPP acted under the direction or control of MTN or any other person, nor that the DPP failed to consider all relevant material, including the roles of MTN staff. The Court emphasized that the DPP has wide discretion to determine whom to prosecute based on available evidence and is not required to charge all potential s…
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Hon. Winfred Masiko & Ors v The DPP & Ors (Miscellaneous Cause No.220 of 2008) (Miscellaneous Cause No.220 of 2008) [2009] UGHC 3 (6 January 2009)
The High Court granted leave for judicial review over criminal charges and prosecutorial decisions, holding the applicants had raised a prima facie case.
