Uganda Case Law

Kamugisha and 7 Others v Uganda

Kamugisha and 7 Others v Uganda (Criminal Miscellaneous Application 73 of 2022) [2022] UGHCCRD 116 (4 November 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Miscellaneous Application 73 of 2022

Judge

Allan Nshimye, J

The court found that while the applicants have a constitutional right to apply for bail and are presumed innocent, they failed to prove any exceptional circumstances as required by section 15(3) of the Trial on Indictments Act or the Bail Rules 2022. The evidence showed that the applicants have fixed places of abode and substantial sureties, satisfying the requirement that they are unlikely to abscond. However, the supplementary affidavit from the complainant supporting bail was irregular, as the complainant was represented by the applicants' lawyers, raising concerns about conflict of intere…

Source excerpt

• Bail Application
• Presumption Of Innocence
• Exceptional Circumstances
• Victim Participation

Kamugisha and 7 Others v Uganda (HCT-05-CR-CM 73 of 2022)

Kamugisha and 7 Others v Uganda (HCT-05-CR-CM 73 of 2022) [2022] UGHCCRD 127 (4 November 2022)

Court

HC: Criminal Division (Uganda)

Case number

HCT-05-CR-CM 73 of 2022

Judge

Allan Nshimye, J

The court held that while the applicants have a constitutional right to apply for bail and are presumed innocent, the law requires them to prove exceptional circumstances and demonstrate that they will not abscond. The applicants failed to address or prove any exceptional circumstances as required under section 15(3) of the Trial on Indictments Act and the Bail Rules 2022. Although they proved fixed places of abode and substantial sureties, this alone was insufficient. The supplementary affidavit from the complainant supporting bail was found irregular, as the complainant was represented by t…

Source excerpt

• Bail Application
• Presumption Of Innocence
• Exceptional Circumstances
• Victim Participation
• Judicial Discretion

Uganda v Kwoyelo

Uganda v Kwoyelo (Criminal Case 2 of 2010) [2016] UGHCICD 3 (23 September 2016)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Case 2 of 2010

Judge

Okalany, J

Pre-trial ruling on victim participation, fair-trial safeguards, disclosure, translation into Acholi, and security in the prosecution of Thomas Kwoyelo.

• Victim Participation
• Fair Trial Rights
• Disclosure Of Evidence
• Interpretation And Translation
• Compensation And Reparations
• Victim-participation