The Court found violations of fair trial rights for lack of free legal assistance and unreasonable delay, but rejected other fair-trial and ill-treatment claims.
Kirabira Salongo & Another v Uganda (Criminal Appeal No. 3 of 2011) [2020] UGCA 2039 (10 March 2020)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 3 of 2011
Judge
Kakuru, JA, Madrama, JA, Egonda-Ntende, JA
The Court of Appeal allowed an aggravated robbery appeal, finding the identification evidence unreliable and unsafe, and quashed the convictions and sentences.
The Supreme Court held that the Court of Appeal properly re-evaluated the evidence and was justified in upholding the convictions. The identification by the single witness was found reliable due to the witness's familiarity with the appellants, the proximity, and the presence of moonlight, which enabled clear identification. The confession statements, though irregularly recorded, were not relied upon for conviction, and there was sufficient independent evidence to sustain the convictions. On sentencing, the Court of Appeal correctly considered the period spent on remand and imposed a sentence…
Oteka v Uganda (Criminal Appeal No. 0017 of 2017) [2018] UGHCCRD 192 (6 December 2018)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal No. 0017 of 2017
Judge
Stephen Mubiru, J
The High Court of Uganda dismissed Benjamin Oteka’s criminal appeal, upholding his conviction for threatening violence and the concurrent 30-month sentence.
Acaya v Uganda (Criminal Appeal No. 0010 of 2018) [2018] UGHCCRD 187 (25 October 2018)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal No. 0010 of 2018
Judge
Stephen Mubiru, J
The court found that the prosecution had proved beyond reasonable doubt that the appellant threatened violence against the complainant, as evidenced by credible and reliable testimony from three eyewitnesses who were familiar with the appellant and observed the incident in broad daylight at close proximity. The appellant's denial was effectively disproved by the prosecution's evidence. The court further held that the sentence of one year's imprisonment was lawful, proportionate, and within the statutory limits, having considered both aggravating and mitigating factors. There was no basis for…
Uganda v Okech (Criminal Sessions Case No. 0150 of 2015) [2018] UGHCCRD 116 (17 May 2018)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Sessions Case No. 0150 of 2015
Judge
Stephen Mubiru, J
The High Court of Uganda convicted the accused of simple defilement, finding the complainant was under 18, penetration was proved, and identification was reliable.
Uganda v Rasul (Criminal Sessions Case No. 0092 of 2015) [2017] UGHCCRD 407 (11 August 2017)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Sessions Case No. 0092 of 2015
Judge
Stephen Mubiru, J
The High Court convicted Rasul Saidi of murdering two people and imposed concurrent life sentences, finding eyewitness, forensic, and circumstantial evidence proved the charges.
Uganda v Adrama & Anor (Criminal Sessions Case No. 0036 of 2015) [2017] UGHCCRD 406 (4 August 2017)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Sessions Case No. 0036 of 2015
Judge
Stephen Mubiru, J
The court found that the prosecution had proved beyond reasonable doubt all the essential ingredients of the offence of murder against both accused. The death of Nyakuni Kamilo was established by medical and eyewitness evidence. The cause of death was unlawful, resulting from an assault with deadly weapons (eucalyptus poles) on the head, a vulnerable part of the body. Malice aforethought was inferred from the nature of the weapons, the part of the body targeted, and the severity of the injuries. Identification evidence was reliable due to prior familiarity, proximity, duration, and sufficient…
Uganda v Adriko (Criminal Sessions Case No. 0064 of 2014) [2017] UGHCCRD 418 (24 July 2017)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Sessions Case No. 0064 of 2014
Judge
Stephen Mubiru, J
The court found that the prosecution proved beyond reasonable doubt that Mulongo Moses died as a result of an unlawful act committed by the accused, Adriko Alfred alias Ondia. The evidence established that the accused stabbed the deceased in the neck with a deadly weapon, causing fatal injuries. Eyewitnesses, who were familiar with the accused and present at the scene, provided reliable identification under sufficient lighting and proximity. The accused's claim of intoxication was rejected as the evidence showed he retained awareness and purposeful conduct before and after the act, failing to…