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12 Aug 2024

Constitutional Law [2024] UGCC 29

Turyahabwa v Attorney General and Another (Consitutional Petition 50 of 2017)

Turyahabwa v Attorney General and Another (Consitutional Petition 50 of 2017) [2024] UGCC 29 (12 August 2024)

Court: Constitutional Court of Uganda
Case number: Consitutional Petition 50 of 2017
Judge: Buteera, DCJ, Cheborion, JCC, Kibeedi Mutangula, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The Constitutional Court held that Section 41(1) and (2) of the Anti-Corruption Act, 2009 does not contravene Article 28(3)(a) or (4) of the Constitution. The Court found that the impugned provisions are rationally connected to the legitimate objective of combating corruption and do not violate the presumption of innocence or privilege against self-incrimination. The request for a sworn statement from the accused is a lawful investigative tool, not an unconstitutional compulsion to self-incriminate, and is proportionate to the public interest in preventing corruption. The Court further held t…

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Presumption Of Innocence
Self Incrimination
Anti Corruption Legislation
Leadership Code Compliance
Burden Of Proof
Public Officer Liability

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7 Aug 2017

Criminal Law [2017] UGHCCRD 422

Uganda v Oromcan & Ors

Uganda v Oromcan & Ors (Criminal Sessions Case No. 0093 of 2015) [2017] UGHCCRD 422 (7 August 2017)

Court: HC: Criminal Division (Uganda)
Case number: Criminal Sessions Case No. 0093 of 2015
Judge: Stephen Mubiru, J

The court found that the prosecution proved the death of Onoba William Karlo, its unlawful cause, and malice aforethought beyond reasonable doubt. However, only the circumstantial evidence against Keuber Ronald (D.W.6) was sufficiently strong and self-incriminatory to establish his participation in the murder. Statements overheard by a witness, particularly Ronald's admission that "we have already finished up that thing," were determinative of guilt, as they were made voluntarily and not under compulsion. The evidence against the other accused raised suspicion but did not meet the threshold f…