Uganda Case Law

Uganda v Nionzima Kato

Uganda v Nionzima Kato (Criminal High Court Session 153 of 2019) [2022] UGHCCRD 1 (27 January 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal High Court Session 153 of 2019

The court found that the charge and caution statement was recorded by an Assistant Inspector of Police who spoke the accused's language, Rukiga, and followed the required procedure. The statement was read back to the accused in Rukiga, and the accused thumb printed all pages, confirming its correctness. The accused's evidence was inconsistent and unreliable, while the police officer's testimony was consistent and credible. The objection that the statement was recorded in English was dismissed, as the law permits such recording provided the statement is read back in a language understood by th…

Source excerpt

• Confession Admissibility
• Evidence Act Compliance
• Language Of Statement
• Voluntariness Of Confession
• Trial Within Trial
• Procedural Safeguards

Bagaga Peter v Uganda

Bagaga Peter v Uganda [2004] UGSC 15 (18 May 2004)

Court

Supreme Court of Uganda

The Supreme Court of Uganda dismissed a criminal appeal, holding that the appellant’s confession was voluntary and that circumstantial evidence displaced his alibi.

• Confession Evidence
• Voluntariness Of Confession
• Evaluation Of Evidence
• Alibi Defence
• Circumstantial Evidence
• Criminal-appeal

Hamidi v Reginam

Hamidi v Reginam (Criminal Appeal No. 24 of 1956) [1950] EACA 487 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 24 of 1956

Judge

Bacon, JA, Edmonds J, Sinclair, VP

The East African Court of Appeal held that a confession made to a district commissioner was inadmissible because he had not clearly separated his magistrial role from police functions.

• Admissibility Of Confessions
• Extra Judicial Statements
• Role Of Magistrate And Police
• Voluntariness Of Confession
• Procedural Errors
• Arson And Homicide

Rex v Luhende

Rex v Luhende (Criminal Appeal No. 172 of 1948) [1948] EACA 42 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 172 of 1948

Judge

Blood J, Edwards CJ, Nihill P

The Court of Appeal for Eastern Africa allowed an appeal against a murder conviction, holding that improper Magistrate questioning destroyed the voluntariness of a confession.

• Murder
• Confession Evidence
• Retracted Confession
• Voluntariness Of Confession
• Confession-evidence
• Retracted-confession

Rex v Edeke

Rex v Edeke (Criminal Appeal No. 3 of 1941) [1941] EACA 40 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 3 of 1941

Judge

Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ

The Court of Appeal for Eastern Africa upheld a conviction based on a retracted confession, finding sufficient corroboration and no basis to reject the statement’s admissibility.

• Retracted Confession
• Corroboration
• Admissibility Of Confession
• Role Of Interpreter
• Voluntariness Of Confession
• Retracted-confession

Rex v Keisheimeiza

Rex v Keisheimeiza (Criminal Appeal No. 141 of 1940) [1940] EACA 23 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 141 of 1940

Judge

Lucie-Smith, J. (Kenya), Sheridan CJ, Whitley CJ

The Court of Appeal upheld a murder conviction based largely on a voluntary confession, finding it was not categorically retracted and needed no corroboration.

• Confession Evidence
• Retracted Confession
• Corroboration Requirement
• Murder
• Intent
• Voluntariness Of Confession

Rex v Mitilande

Rex v Mitilande (Criminal Appeal No. 157 of 1939) [1940] EACA 11 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 157 of 1939

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The court held the prosecution bore the burden of proving a confession was voluntary. Because that burden was not met, the confession was inadmissible and the conviction failed.

• Confession Evidence
• Onus Of Proof
• Voluntariness Of Confession
• Corroboration Of Accomplice Evidence
• Criminal-law
• Confession-evidence

Rex v Kabutui

Rex v Kabutui (Criminal Appeal 153/1934.) [1935] EACA 60 (1 January 1935)

Court

East African Court of Appeal

Case number

Criminal Appeal 153/1934.

Judge

Horne J, Lane, Ag. J, Sheridan CJ

The Court of Appeal for Eastern Africa held that a confession elicited by a magistrate without warning, especially after an earlier inadmissible confession, was not voluntary and was inadmissible.

• Confession Admissibility
• Voluntariness Of Confession
• Magistrate Procedure
• Evidence Law
• Confession-admissibility
• Voluntariness-of-confession

Rex v Kimenja (Cr. App. 73/1933.)

Rex v Kimenja (Cr. App. 73/1933.) [1933] EACA 20 (1 January 1933)

Court

East African Court of Appeal

Case number

Cr. App. 73/1933.

Judge

Barth CJ, Gamble. Ag. J. (Kenya), Lucie-Smith, J. (Kenya)

The Court upheld admission of parole evidence of an unsworn, unsigned confession, finding it voluntary and sufficient to support the conviction. The appeal was dismissed.

• Confession Evidence
• Admissibility Of Evidence
• Criminal Procedure
• Voluntariness Of Confession
• Criminal-law
• Confession-evidence

Mbago v Rex (Cr. App. 9/1929.)

Mbago v Rex (Cr. App. 9/1929.) [1929] EACA 136 (1 January 1929)

Court

East African Court of Appeal

Case number

Cr. App. 9/1929.

Judge

Griffin C.J. (Uganda),, Muir Mackenzie, J. (Tanganyika), Sheridan, Actg. C.J. (Kenya)

The Court of Appeal held that a confession should be tendered only after other evidence, found the challenged confession inadmissible, but upheld the murder conviction on other evidence.

• Confession Admissibility
• Voluntariness Of Confession
• Role Of Chief In Criminal Procedure
• Evidence Of Admissions
• Procedure For Tendering Confessions
• Confession-admissibility