Uganda Case Law

Uganda v Balyejusa Bruhan Kalyango alias Masiga (HCT-00-CM-0014-2025)

Uganda v Balyejusa Bruhan Kalyango alias Masiga (HCT-00-CM-0014-2025) [2025] UGHCICD 8 (14 July 2025)

Court

HC: International Crimes Division (Uganda)

Case number

HCT-00-CM-0014-2025

Judge

Okalany, J, Wagona, J, Komuhangi, J, Boniface Wamala, J

The respondent, having been properly notified of his trial date and bail conditions, deliberately absconded and could not be located despite reasonable efforts by the authorities. His conduct constitutes a voluntary waiver of his right to be present at trial. The High Court, vested with jurisdiction under Article 28(5) of the Constitution and Section 37 of the Judicature Act, is empowered to order that criminal proceedings continue in the respondent's absence to avoid frustration of justice, multiplicity of proceedings, and prejudice to victims, witnesses, and co-accused. The right to a fair…

Source excerpt

• Trial In Absentia
• Bail Abscondment
• Right To Fair Hearing
• Joinder And Severance
• Public Interest In Criminal Justice

Uganda v Baijusa Bruhan Kalyango alias Masiga (HCT-00-ICD-SC-0003-2018)

Uganda v Baijusa Bruhan Kalyango alias Masiga (HCT-00-ICD-SC-0003-2018) [2025] UGHCICD 9 (10 July 2025)

Court

HC: International Crimes Division (Uganda)

Case number

HCT-00-ICD-SC-0003-2018

Judge

Nabisinde, J, Okalany, J, Wabwire, J, Bashaija, J

The Respondent, having been granted bail and adequately notified of his trial obligations, deliberately absconded and failed to appear in court despite repeated summonses and public notices. His conduct constitutes a voluntary waiver of his right to be present at trial. The court, guided by constitutional and statutory provisions, as well as persuasive case law, finds that the interests of justice, public policy, and the rights of co-accused and victims outweigh the Respondent's absence. The trial may lawfully proceed in his absence, as discontinuing the case would undermine public confidence…

Source excerpt

• Trial In Absentia
• Bail Abscondment
• Right To Fair Hearing
• Public Interest In Criminal Justice

Uganda v Kasujja

Uganda v Kasujja (Criminal Application 17 of 2023) [2023] UGHCICD 13 (18 July 2023)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Application 17 of 2023

Judge

Komuhangi, J

The High Court’s International Crimes Division allowed the prosecution to proceed in the absence of an accused who had allegedly absconded while on bail.

• Trial In Absentia
• Bail Abscondment
• Fair Hearing Rights
• Criminal Procedure
• Trial-in-absentia
• Bail-abscondment

Uganda v No. RA 233382 Pte. Mugisa alias ofatum and 2 Others

Uganda v No. RA 233382 Pte. Mugisa alias ofatum and 2 Others (Criminal Session 299 of 2019) [2022] UGHCCRD 5 (17 February 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session 299 of 2019

Judge

Nakachwa, J

The court held that Article 28(5) of the Constitution allows for trial in absentia only where the trial has commenced and the accused's conduct renders their continued presence impracticable, permitting the court to order removal and continuation of proceedings. In this case, neither A1 nor A3 had taken plea before the High Court, and thus their trial had not commenced. The accused are presumed innocent and cannot be tried before plea is taken. The prosecution failed to demonstrate that reasonable steps were taken to secure the attendance of A1, including contacting his sureties. Therefore, t…

Source excerpt

• Aggravated Robbery
• Trial In Absentia
• Bail Abscondment
• Constitutional Rights Of Accused

Murage and Others v Reginam

Murage and Others v Reginam (Criminal Appeal No. 168 of 1956) [1950] EACA 562 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 168 of 1956

Judge

Briggs (Acting Vice-President), Rudd J, Worley, P

The court upheld convictions for murder and approved removing a disruptive accused from the courtroom when his conduct made a trial impossible.

• Trial In Absentia
• Disorderly Conduct In Court
• Mental Capacity Of Accused
• Procedure For Arraignment
• Criminal-procedure
• Trial-in-absentia