Uganda Case Law

Kasule and 2 Others v Uganda

Kasule and 2 Others v Uganda (Constitutional Reference 33 of 2019) [2023] UGCC 119 (3 March 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Reference 33 of 2019

Judge

Egonda-Ntende, JCC, Musoke, JCC, Madrama, JCC, Monica K. Mugenyi, JCC, Gashirabake, JCC

The Constitutional Court held that the discontinuation or withdrawal of criminal proceedings is the exclusive mandate of the Director of Public Prosecutions (DPP) under Article 120(3)(d) and 120(4)(b) of the Constitution. The amendment of the charge sheet to exclude A3, Katongole Joseph, without proper withdrawal by the DPP, was contrary to the Constitution. The Court found that the constitutional provisions regarding the DPP's powers are clear and unambiguous, and there was no substantial question of constitutional interpretation requiring reference to the Constitutional Court. The trial mag…

Source excerpt

• Powers Of Dpp
• Withdrawal Of Criminal Charges
• Constitutional Interpretation
• Criminal Procedure
• Amendment Of Charge Sheet