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Uganda decisions
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Ssewanyana & Another v Uganda (Miscellaneous Application 3 of 2023) [2023] UGHCICD 10 (25 September 2023)
The High Court dismissed an application to stay criminal proceedings pending a constitutional petition, holding the petition had no likelihood of success and delay was unjustified.
Lutaaya v Attorney General (Civil Appeal No. 25 of 2014) [2023] UGCA 59 (17 February 2023)
The Court of Appeal set aside a High Court ruling and ordered a retrial after finding that a key affidavit was wrongly expunged without adequate witness protection.
Uganda v Sserwadda & 6 Others (Miscellaneous Cause 14 of 2022) [2022] UGHCICD 9 (3 October 2022)
The court found that there was credible evidence of objectively justifiable risk to the safety and wellbeing of the seventeen prosecution witnesses due to threats and the delicate security situation in Masaka. The court held that full disclosure of their identities at the pre-trial stage would endanger them and could negatively affect the prosecution's case. The court determined that the protective measures sought—delayed, redacted, and summary disclosure, limitation of access, and keeping a log—would not cause injustice to the accused, as full disclosure would be made at least fifteen days b…
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Uganda v Kayinamura (Criminal Session 238 of 2019) [2022] UGHCCRD 35 (15 August 2022)
The court found that the prosecution proved all elements of aggravated defilement beyond reasonable doubt. The victim was under 18, as confirmed by medical evidence. The accused, as the victim's grandfather, had authority over her within the meaning of section 129(4)(c) of the Penal Code Act. The victim's testimony, corroborated by medical reports, established that a sexual act occurred on 28th May 2019. The accused was properly identified by the victim, and the alleged grudge and alibi defences were not credible. The court found no evidence of fabrication or mistaken identity. The accused's…
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Onega v Uganda (Miscellaneous Criminal Application No. 0010 of 2016) [2016] UGHCCRD 102 (4 November 2016)
The court found that the applicant, indicted for murder in a domestic violence context, failed to demonstrate exceptional circumstances warranting release on bail. The applicant did not rely on grave sickness, infancy, advanced age, or lack of objection by the state. The court emphasized the heightened risk to victims and witnesses in domestic violence cases, noting that the applicant's close relationship to potential witnesses increased the likelihood of interference and danger. The sureties presented were deemed insubstantial and incapable of guaranteeing the applicant's compliance or safet…
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