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Uganda decisions
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Uganda v Eiru (HCT-09-CR-SC 107 of 2018) [2023] UGHCCRD 5 (5 January 2023)
The High Court found a prima facie case of murder against Eiru Paul and ordered him to defend himself after prosecution evidence on death, assault, and malice aforethought.
Uganda v Mugisha & Anor (HCT-00-CR-SC-0060-2016) [2018] UGHCCRD 107 (5 April 2018)
The High Court of Uganda acquitted two accused of murder after finding the prosecution failed to prove unlawful killing, malice aforethought, or participation.
Uganda v Kule (HCT – 01 – CR – CS – 0140 of 2014) [2017] UGHCCRD 42 (3 April 2017)
The court found that while the prosecution witnesses testified to the deaths and alleged prior threats, there was no direct evidence, such as eyewitness testimony or medical reports, to corroborate the cause of death or the accused's participation. The prosecution's case relied heavily on hearsay and circumstantial evidence, which was insufficient and inadmissible without corroboration. The absence of post mortem reports and medical personnel testimony created significant gaps in the prosecution's case. The court held that the prosecution failed to prove the essential ingredients of murder be…
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Uganda v Sanyu & Anor (HCT – 01 – CR – SC – 05 of 2015) [2016] UGHCCRD 114 (11 November 2016)
The prosecution failed to prove beyond reasonable doubt that the accused persons murdered Muheki Violet. The evidence established the death of the deceased but did not prove that the death was caused unlawfully by the accused, nor was malice aforethought established. The prosecution's case was undermined by lack of medical evidence, inconsistencies in witness testimony, and failure to place the accused at the scene. The defence of alibi was not disproved, and the alleged motive was not substantiated. The court found the evidence insufficient to convict and resolved all doubts in favour of the…
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Uganda v Ayo (Criminal Session Case No. 393 of 2014) [2016] UGHCCRD 142 (10 May 2016)
The court found that the prosecution proved the death of Yaawe Robert, that the death was unlawfully caused, and that it was caused with malice aforethought, as evidenced by the post mortem report indicating a fatal stab wound to the heart. However, the prosecution failed to prove the participation of the accused, Ayo Leo, in the killing. Key witnesses, including direct eyewitnesses and police officers involved in the investigation, were not called to testify, leaving significant gaps in the prosecution's case. The only evidence implicating the accused was hearsay and uncorroborated statement…
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Uganda v Kalangwa (HCT-06-CR-SC-0040 of 2013) [2016] UGHCCRD 24 (27 April 2016)
The prosecution proved the death of a human being, its unlawfulness, and malice aforethought through medical and circumstantial evidence. However, the evidence regarding the accused's participation was insufficient, amounting only to suspicion and not placing him at the scene for purposes of committing the offence. The prosecution failed to establish a prima facie case requiring the accused to make a defence. Consequently, the submission of no case to answer was upheld and the accused acquitted.
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Uganda v Luluja (Criminal Case No. 113 of 2011) [2013] UGHCCRD 35 (10 September 2013)
The court found that the prosecution proved all four ingredients of murder beyond reasonable doubt. The death of Achirochan was established by eyewitness testimony and the postmortem report. The death was unlawful, as none of the legal exceptions applied. Malice aforethought was inferred from the use of a sharp object (knife), the targeting of vital organs, and the accused's conduct after the offence. The accused admitted being at the scene and his subsequent flight was inconsistent with innocence. The court dismissed the accused's account as untruthful and found him guilty of murder. The sen…
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Uganda v Okot & Ors (Criminal Case No. 0029 of 2011) [2013] UGHCCRD 39 (10 September 2013)
The court found that the prosecution had proved beyond reasonable doubt all four ingredients of murder. Medical evidence established the death and its unlawful causation. The nature of the injuries and weapons used supported an inference of malice aforethought. Eyewitness testimony placed the accused at the scene as an active participant in the assault leading to death. The accused's own admissions under cross-examination corroborated his presence and involvement. The court rejected the defence's argument of mob action as insufficient to negate individual criminal responsibility. The context…
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Uganda v Alijuna Matia (Criminal Case No. 0131 of 2011) [2013] UGHCCRD 34 (10 September 2013)
The High Court acquitted Alijuna Matia and Tweheyo Semei of manslaughter after finding no prima facie evidence linking them to the death.
Uganda v Sebuliba Dickson (Criminal Session Case No. 0089 of 2010) [2012] UGHC 234 (9 November 2012)
The court found that the prosecution proved the death of Dimintiria Najjuka, that her death was caused unlawfully, and that the assailant acted with malice aforethought, as evidenced by the nature of the injuries and the post-mortem report indicating death by strangulation. However, the evidence implicating the accused was entirely circumstantial, based on alleged utterances made while he was intoxicated and lacking direct linkage to the crime. The court held that circumstantial evidence must point irresistibly to the accused as the perpetrator, which was not achieved in this case. The accuse…
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