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Uganda decisions
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Uganda v Mbaziira & 3 Others (HCT-00-CR-CN 90 of 2023) [2024] UGHCCRD 57 (14 October 2024)
The High Court held that only the DPP may personally seek withdrawal of a private prosecution, with court consent, and refused to act on the Chief State Attorney’s withdrawal submissions.
Odwe and Another v Attorney General and 4 Others (Consitutional Petition 7 of 2015) [2023] UGCC 106 (19 October 2023)
The Constitutional Court dismissed a petition challenging amended criminal charges, holding that withdrawal of the charges rendered the case moot and left no live constitutional controversy.
Kibaya v Uganda (Consitutional Petition 8 of 2012) [2015] UGCC 95 (20 November 2015)
The Constitutional Court held that Section 121 of the Magistrates Courts Act is definitive regarding the jurisdiction of the trial court when the DPP withdraws prosecution. The court has no discretion to refuse a withdrawal or order the closure of the prosecution case; its role is limited to discharging or acquitting the accused as dictated by Section 121. The Constitution does not grant the trial court power to supervise or override the DPP's prosecutorial discretion except where there is clear evidence of abuse or constitutional violation, which must be addressed in a separate action before…
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