Uganda Case Law

Uganda v Orwothwun

Uganda v Orwothwun (Criminal Sessions Case No. 0052 of 2017) [2017] UGHCCRD 416 (7 August 2017)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Sessions Case No. 0052 of 2017

Judge

Stephen Mubiru, J

The court found that the prosecution failed to prove beyond reasonable doubt that the alleged victims were children, as there was no direct evidence such as birth certificates, parental testimony, or expert opinion, and the witnesses' opinions on age lacked disclosed grounds. The court also found insufficient evidence that the accused engaged in witchcraft or harmful rituals, as the items recovered and activities observed could not be conclusively linked to witchcraft without expert testimony or proof of common repute. Since neither the age of the victims nor the nature of the acts as witchcr…

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• Aggravated Trafficking
• Children
• Burden Of Proof
• Witchcraft
• Ritual Practices
• Evidence Of Age

Galikuwa v Rex

Galikuwa v Rex (Criminal Appeal No. 85 of 1951) [1951] EACA 175 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 85 of 1951

Judge

Lockhart-Smith, J, Nihill P, Worley VP

The Court of Appeal for Eastern Africa held that fear of witchcraft threats did not amount to grave and sudden provocation, and upheld the murder conviction.

• Murder
• Provocation
• Witchcraft
• Defences To Homicide
• Criminal-law
• Defences-to-homicide

Rex v Wabwire

Rex v Wabwire (Criminal Appeal No. 82 of 1949) [1949] EACA 34 (1 January 1949)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 82 of 1949

Judge

Edwards CJ, Gray CJ, Nihill P

The Court of Appeal for Eastern Africa dismissed a murder appeal, holding that a belief in witchcraft alone was not legal provocation without a sudden physical act.

• Murder
• Provocation
• Witchcraft Belief
• Penal Code Interpretation
• Criminal-law
• Legal-provocation

Rex v Lumu

Rex v Lumu (Criminal Appeal No. 72 of 1946) [1946] EACA 37 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 72 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The court held that the doctrine of legal provocation, which can reduce a charge of murder to manslaughter, is only applicable where the provocative act occurs in the presence of the accused. In this case, the administration of the black powder, whether viewed as witchcraft or poisoning, was not performed in the presence of Emilio Lumu. The accused's honest belief that the deceased had bewitched or poisoned his child, and the emotional distress following the child's death, did not satisfy the legal requirements for provocation under Ugandan law or English common law. The court emphasized that…

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• Murder
• Manslaughter
• Provocation
• Witchcraft
• Homicide
• Penal Code Section 199

Rex v Kisang

Rex v Kisang (Criminal Appeal No. 148 of 1946) [1946] EACA 40 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 148 of 1946

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal upheld a murder conviction entered on the accused’s own plea of guilty, holding that no statute barred such a plea and that witchcraft belief was no defense.

• Murder
• Plea Of Guilty
• Witchcraft Belief
• Conviction On Plea
• Guilty-plea
• Witchcraft

Rex v Kajuna

Rex v Kajuna (Criminal Appeal No. 255 of 1945) [1945] EACA 37 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 255 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court of Appeal held that an honest belief in witchcraft, without an immediate provocative act, does not reduce murder to manslaughter.

• Murder
• Provocation
• Belief In Witchcraft
• Mitigation Of Sentence
• Witchcraft
• Manslaughter

Rex v Mukwata

Rex v Mukwata (Criminal Case No. 200 of 1942) [1943] EACA 85 (1 January 1943)

Court

East African Court of Appeal

Case number

Criminal Case No. 200 of 1942

Judge

Sheridan CJ

The court held that while mere belief in witchcraft does not constitute a defence or sufficient provocation to reduce murder to manslaughter, the specific circumstances of this case—where the deceased, in the presence of the accused, uttered words that could reasonably be interpreted as an admission of being a witch and an intent to cause the accused's death by witchcraft—amounted to a wrongful act under the Witchcraft Ordinance, 1925. This act, judged by the standards of the accused's community, was sufficient to deprive him of self-control and induce the fatal assault. Given the ambiguity i…

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• Homicide
• Manslaughter
• Provocation
• Witchcraft
• Mitigation Of Sentence

Rex v Maganga and Another (Consolidated Appeals Nos. 160 and 161 of 1942)

Rex v Maganga and Another (Consolidated Appeals Nos. 160 and 161 of 1942) [1943] EACA 13 (1 January 1943)

Court

East African Court of Appeal

Case number

Consolidated Appeals Nos. 160 and 161 of 1942

Judge

Sheridan CJ, Whitley CJ, Wilson ACJ

The Court of Appeal found that the evidence, particularly the testimony of Yokana, was sufficient to implicate both accused in the assault and killing of Amengartu. The first accused, Kelementi, was found to have acted in concert with the second accused, Zadoki, and was therefore equally responsible for the death under Section 21(b) of the Penal Code. However, the Court identified a reasonable doubt as to whether both accused did not receive grave and sudden provocation, given the circumstances surrounding the alleged act of witchcraft and the deceased's reputation as a wizard. Applying the p…

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• Murder
• Manslaughter
• Provocation
• Joint Criminal Liability
• Witchcraft
• Evidence Assessment

Rex v Kimwage

Rex v Kimwage (Criminal Appeal No. 88 of 1941) [1941] EACA 57 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 88 of 1941

Judge

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

The Court of Appeal upheld a murder conviction, holding that witchcraft allegations did not amount to sudden provocation under the Penal Code.

• Homicide
• Murder
• Provocation
• Witchcraft
• Penal Code Interpretation
• Criminal-law

Rex v Mawalwa

Rex v Mawalwa (Criminal Appeal No. 81 of 1940) [1940] EACA 19 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 81 of 1940

Judge

Cluer J, Whitley CJ, Wilson J

The Court of Appeal for Eastern Africa upheld a murder conviction, holding that belief in witchcraft did not amount to grave and sudden provocation on these facts.

• Murder
• Provocation
• Witchcraft Defence
• Criminal-law
• Witchcraft