Uganda Case Law

Uganda v Senyondo and 4 Others

Uganda v Senyondo and 4 Others (Constitutional Reference 4 of 2010) [2020] UGCC 2080 (21 October 2020)

Court

Constitutional Court of Uganda

Case number

Constitutional Reference 4 of 2010

Judge

Owiny-Dollo, DCJ, Kakuru, JCC, Egonda-Ntende, JCC, Obura, JCC, Muhanguzi, JCC

The Constitutional Court held that while the Director of Public Prosecutions has the power to reinstate criminal charges previously dismissed for want of prosecution, such reinstatement must not infringe the accused's constitutional right to a fair and speedy trial as guaranteed under Articles 28 and 44 of the Constitution. The Court emphasized that any challenge to the reinstatement of charges on grounds of delay or prejudice is a matter for the trial court to determine, not the Constitutional Court. The trial court must consider the length and reasons for the delay, actions of both the pros…

Source excerpt

• Right To Fair Trial
• Double Jeopardy
• Powers Of Dpp
• Abuse Of Process
• Speedy Trial
• Criminal Procedure