Sebwalida v Attorney General (Miscellaneous Cause 29 of 2024) [2025] UGHC 298 (19 May 2025)
Court
High Court of Uganda
Case number
Miscellaneous Cause 29 of 2024
Judge
Lubega, J
The High Court dismissed an application challenging alleged unlawful remand beyond 360 days, finding no documentary evidence to prove the detention period.
The tribunal found that the applicant was detained for a total of 16 days by agents of the respondent without being brought before a court within the constitutionally mandated 48 hours. The respondent admitted to part of the detention but failed to justify the entire period. The tribunal held that the detention was arbitrary, unjustified, and illegal, constituting a violation of the applicant's right to personal liberty under Article 23 of the Constitution. The respondent, as the employer of the police officers involved, was held vicariously liable for their actions. The tribunal further held…
Walusimbi & 5 Others v Attorney General (Miscellaneous Application 18 of 2024) [2025] UGHCICD 2 (20 March 2025)
Court
HC: International Crimes Division (Uganda)
Case number
Miscellaneous Application 18 of 2024
Judge
Wabwire, J
The Applicants failed to prove, on a balance of probabilities, that their rights to freedom from torture, cruel, inhuman and degrading treatment, and to a fair, speedy and public hearing were violated. The Respondent's medical evidence and third-party statements were unrebutted and contradicted the Applicants' claims of torture. However, the Applicants established that they were detained at the Chieftaincy of Military Intelligence (CMI) facility, which is not authorized by law, and were denied access to legal counsel, next of kin, and medical attention. The Respondent admitted to prolonged de…
Rtd. Col. Dr. Kizza Besigye & Another v Attorney General & Another (Miscellaneous Cause 31 of 2025) [2025] UGHCCD 29 (24 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 31 of 2025
Judge
Douglas Karekona Singiza, J
The High Court dismissed a habeas corpus application by Dr Besigye and Haji Lutale, holding that they had been formally charged and remanded in a court of competent jurisdiction.
Masereka v Attorney General & Maj. Gen. Kandiho (Miscellaneous Cause 34 of 2022) [2025] UGHCCD 21 (14 February 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 34 of 2022
Judge
Musa Ssekaana, J
The court found that the applicant was detained for 19 days in violation of Article 23(4)(b) of the Constitution, which requires that a person arrested on suspicion of a criminal offence be brought to court within 48 hours. The evidence, including photographs of wounds and a hospital discharge summary, established on the balance of probabilities that the applicant was subjected to torture, cruel, inhuman, and degrading treatment while in detention, contrary to Articles 24 and 44 of the Constitution and Section 3 of the Prevention and Prohibition of Torture Act, 2012. The respondents failed to…
Kakwenza Rukirabashaija v Attorney General (Miscellaneous Cause 35 of 2021) [2024] UGHCCD 161 (23 October 2024)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 35 of 2021
Judge
Boniface Wamala, J
The court found that the applicant was unlawfully arrested and detained by agents of the respondent for seven days without being brought before a court, in violation of Article 23 of the Constitution. The applicant was subjected to torture, cruel, inhuman, and degrading treatment, including physical abuse, incommunicado detention, and denial of access to family and legal counsel, contrary to Articles 24 and 44(a) of the Constitution and the Prevention and Prohibition of Torture Act. The respondent's agents also unlawfully searched the applicant's home and seized property without a warrant, in…
Adiandu v Inspector General of Police and Another (Misc Cause 146 of 2022) [2024] UGHCCD 5 (3 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Misc Cause 146 of 2022
Judge
Boniface Wamala, J
The High Court found unlawful detention beyond 48 hours and unlawful continued retention of a police officer’s phone, but rejected the fair-hearing claim.
Turyamuhika Geofrey Tumwine v Attorney General (Miscellaneous Cause 308 of 2019) [2023] UGHCCD 383 (22 September 2023)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Cause 308 of 2019
Judge
Phillip Odoki, J
The court found that the Applicant's right to personal liberty was violated when he was detained for ten days without being informed of the reason for his arrest, denied access to his lawyer, physician, and next of kin, and not produced before court within the constitutional 48-hour period. The Respondent failed to rebut these facts. The Applicant was also subjected to mental and psychological torture through blindfolding and incommunicado detention, which meets the statutory definition of torture. However, the Applicant did not prove violation of his right to practice his profession or to ha…