Kagunda v Uganda (Criminal Appeal No. 1/1993) [1994] UGHCCRD 37 (25 May 1994)

Flynote

Criminal law|Evidence Law|Burden of Proof

Case summary

Court held that it is the duty of court to direct its mind to any alibi set up by the accused and it is only when the court comes to the conclusion that the alibi is unsound that the court would be entitled to reject it. In courts view, the failure to consider the alibi set up by the accused as his defence and the misdirection of the issue of accomplice evidence, it was unsafe to allow the conviction.   Held that the burden of proving the accused’s guilt remain throughout on the prosecution.   Additionally, there was an issue of the testimony of a co-accused. To this, court held that an accomplice may falsely implicate the accused.

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