Nakandi and Others v Uganda
Nakandi and Others v Uganda (Miscellaneous Criminal Application No. 83 of 2020) [2021] UGHCCRD 40 (3 December 2021)
The court found that the applicants' allegations of torture and infringement of constitutional rights were not substantiated by direct evidence from the applicants themselves, but rather by hearsay affidavits from relatives. The court held that such serious allegations must be determined by the trial judge in the main case upon consideration of all evidence, not through an interlocutory application limited to affidavit evidence. The omnibus nature of the application was improper, and the aspect relating to bail was struck out. The remaining application for a permanent stay of prosecution was…
Source excerpt
- Bail Pending Trial
- Torture Allegations
- Stay Of Prosecution
- Fundamental Rights
- Detention Without Trial