Uganda Case Law

John v United Republic of Tanzania (Application No. 005/2018)

John v United Republic of Tanzania (Application No. 005/2018) [2022] AfCHPR 26 (22 September 2022)

Court

African Court on Human and Peoples Rights

Case number

Application No. 005/2018

Judge

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

The Court found that the Respondent State violated the Applicant's right to liberty under Article 6 of the Charter by failing to inform him of his right to bail, as the offence of rape was bailable under Tanzanian law and the Applicant, being self-represented and indigent, was not made aware of this right. The Court further held that the Respondent State violated the Applicant's right to defence under Article 7(1)(c) of the Charter and Article 14(3)(d) of the ICCPR by failing to provide free legal assistance during trial and appeals, given the seriousness of the charge and the Applicant's ind…

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• Right To Fair Trial
• Right To Legal Assistance
• Right To Bail
• Criminal Procedure
• Remedies And Reparations

Barihaihi & Anor. v Attorney General

Barihaihi & Anor. v Attorney General (Constitutional Petition No. 23 of 2011) [2019] UGCC 8 (8 July 2019)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 23 of 2011

Judge

Kakuru, JA, Egonda-Ntende, JA, Obura, JA, Muhanguzi, JA

The Constitutional Court held that committal proceedings under the Trial on Indictments Act are procedural and do not violate constitutional rights or oust High Court jurisdiction.

• Committal Proceedings
• Jurisdiction Of High Court
• Right To Fair Hearing
• Right To Bail
• Legal Representation In Criminal Trials
• Committal-proceedings

Chelongoi Vs Uganda

Chelongoi Vs Uganda (Criminal Application No. 53 of 2018) [2019] UGCA 2086 (9 April 2019)

Court

Court of Appeal of Uganda

Case number

Criminal Application No. 53 of 2018

Court of Appeal granted bail pending appeal to a convicted defilement appellant, finding an arguable identification issue, chronic illness, fixed abode, and substantial sureties.

• Bail Pending Appeal
• Exceptional Circumstances
• Aggravated Defilement
• Medical Grounds
• Sureties
• Right To Bail

Kaitale & 3 Ors v Uganda

Kaitale & 3 Ors v Uganda (Constitutional Reference No. 11 of 2014) [2018] UGCC 1 (18 January 2018)

Court

Constitutional Court of Uganda

Case number

Constitutional Reference No. 11 of 2014

Judge

Musoke, JA, Barishaki, JA

The Constitutional Court upheld the DPP’s power to withdraw and reinstate murder charges after nolle prosequi, but condemned re-arrest within court precincts as disrespectful to the judiciary.

• Powers Of Dpp
• Nolle Prosequi
• Right To Bail
• Judicial Independence
• Abuse Of Process
• Nolle-prosequi

Lutalo v Uganda

Lutalo v Uganda (Criminal Misc. Application No. 45 of 2016) [2016] UGHCCRD 137 (25 October 2016)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Misc. Application No. 45 of 2016

Judge

Luswata, J

The High Court at Jinja granted Lutalo Andrew bail pending trial, finding his sureties substantial and his fixed place of abode within jurisdiction.

• Bail Pending Trial
• Right To Bail
• Sureties
• Fixed Place Of Abode
• Bail-pending-trial
• Right-to-bail

Muzale v Uganda

Muzale v Uganda (Criminal Misc. Application No. 19 of 2016) [2016] UGHCCRD 135 (20 October 2016)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Misc. Application No. 19 of 2016

Judge

Luswata, J

The court found that the applicant failed to establish a certain fixed place of abode due to conflicting statements in his affidavit and oral testimony, and the supporting letter from the LC Chairperson was inaccurate. Additionally, one of the sureties was found not to be substantial as he did not understand his duties. The applicant's affidavit lacked the mandatory certificate of translation required for illiterate deponents. These deficiencies undermined the court's ability to ensure the applicant's attendance at trial and to guarantee he would not abscond. Consequently, the application for…

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• Bail Application
• Right To Bail
• Surety Requirements
• Fixed Place Of Abode

Masaba v Uganda

Masaba v Uganda (Criminal Misc. Application No. 0038 of 2016) [2016] UGHCCRD 136 (12 October 2016)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Misc. Application No. 0038 of 2016

Judge

Luswata, J

The High Court at Jinja dismissed a bail application in an aggravated defilement case, finding the proposed sureties unsuitable and the evidence of their relationship unreliable.

• Bail Pending Trial
• Aggravated Defilement
• Surety Qualification
• Judicial Discretion
• Right To Bail
• Bail-pending-trial

Bigugu v Uganda

Bigugu v Uganda (Miscellaneous Application No.83 of 2015) [2015] UGHCCRD 452 (9 November 2015)

Court

HC: Criminal Division (Uganda)

Case number

Miscellaneous Application No.83 of 2015

Judge

Murangira, J

The High Court dismissed Robert Bigugu’s bail application pending trial, finding the supporting evidence insufficient, including on residence, sureties, and medical grounds.

• Bail Pending Trial
• Right To Bail
• Affidavit Evidence
• Medical Grounds For Bail
• Bail-pending-trial
• Right-to-bail

Umutoni v Uganda

Umutoni v Uganda (Criminal Appeal No.0341 of 2014) [2015] UGCA 11 (13 March 2015)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No.0341 of 2014

Judge

Mwangushya, JA

The Court of Appeal refused bail pending appeal, holding that without the trial record and judgment it could not assess the appeal’s prospects or exclude absconding risk.

• Bail Pending Appeal
• Child Trafficking
• Conviction And Sentence
• Right To Bail
• Appeal Procedure
• Bail-pending-appeal