HC: Anti corruption Division (Uganda)

 The Anti-corruption Division of the High court  was established in July 2008 by the Judiciary as a specialized Division to adjudicate corruption and corruption related cases. The Division commenced hearing cases in December 2008. 

The Establishment of the ACD was a deliberate step by the Judiciary, in response to demands by Government and other institutions engaged in fighting corruption, to take drastic action against the corrupt by strengthening the adjudicatory mechanism for fighting corruption.

The Principal Judge administratively set up the ACD, as a specialized Division of the High Court to adjudicate corruption cases. The Chief Justice would like to formally establish the ACD through a Practice Direction.

Physical address
Plot 8 Mabua Road, Kololo, Kampala- Uganda.
165 judgments
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165 judgments
Citation
Judgment date
September 2025
Court convicted district officers for causing financial loss, money‑laundering and conspiracy after irregular IFMS salary payments led to proven loss.
Anti‑corruption – Causing financial loss – irregular IFMS payments processed by a system super‑user and successive approvers; knowledge/’reason to know’ inferred from circumstantial evidence and failure to verify source documents; loss quantified at Ushs 247,934,074. Anti‑money laundering – proceeds of crime – recipients directed to withdraw and hand over funds; intentional assistance and acquisition by public officers. Conspiracy – agreement inferred from coordinated actions to effect and recover illicit payments.
30 September 2025
Applicant failed to show due diligence or materiality to admit additional public documents on appeal; application dismissed.
Criminal procedure — Additional evidence on appeal (s.41 CPC) — principles: not available at trial, relevance, credibility, potential to create reasonable doubt — due diligence required — public/prosecution-held documents — appeal not a rehearing.
22 September 2025
A fresh memorandum after dismissal for want of prosecution is incompetent; reinstatement requires an application showing sufficient cause.
Appellate procedure – dismissal for want of prosecution – restoration of appeal – requirement to apply to restore and show sufficient cause – filing a fresh memorandum after dismissal is incompetent; appellate rules (Rule 66(5) CA, Rule 62(5) SC) instructive.
17 September 2025
Trial magistrate misapplied the no‑case standard; prosecution’s circumstantial evidence insufficient, appeal dismissed.
Criminal law – no‑case-to‑answer/prima facie standard – correct test at close of prosecution; Arson – elements and proof; Circumstantial evidence – must exclude reasonable innocent explanations; Identification and suspicion insufficient for conviction.
10 September 2025
High Court lacks jurisdiction to set aside a perfected plea bargain; only appellate or statutory remedy may overturn conviction.
* Criminal procedure – Plea bargaining – limits of judicial review; functus officio doctrine * Judicial review – amenability and jurisdiction: supervisory review limited to subordinate courts and public/quasi‑administrative bodies * Time limits – extension of time for judicial review in interests of substantive justice * Comparative law – Kenya and Tanzania statutory powers to set aside plea bargains versus absence of equivalent Ugandan provision
8 September 2025
August 2025
An appellate court set aside acquittals and convicted respondents for causing financial loss, theft, and conspiracy to defraud a public entity.
Criminal law – Causing financial loss – Theft – Conspiracy to defraud – Statutory duties of public officers – Sufficiency of evidence – Accomplice corroboration – Role of directors in receipt and control of fraudulent funds – Equal application of criminal liability regardless of public office.
28 August 2025
A magistrate's order for re-commencement of a trial after file transfer is interlocutory and not subject to High Court revision.
Criminal procedure – revision – interlocutory versus final orders – transfer of trial and re-commencement before successor magistrate – section 144 Magistrates Courts Act – proper initiation of revision process – fair trial rights.
18 August 2025
Stay of execution pending appeal requires applicants to set out intended grounds of appeal in pleadings or affidavits.
Civil procedure – Stay of execution pending appeal – Requirement to show arguable grounds of appeal – Pleadings must set out intended grounds of appeal – Discretionary remedies.
11 August 2025
A remanded advocate charged with money laundering was granted bail, having proved a fixed abode, compliance, and substantial sureties.
Criminal procedure – Bail application – Discretionary grant of bail – Fixed place of abode – Abscondment – Substantiality of sureties – Economic crimes – Presumption of innocence – Conditions precedent for bail in money laundering cases
11 August 2025
Committal orders are not final and cannot be revised by the High Court; prosecutorial discretion over committals is unfettered.
Criminal procedure – Revision – Jurisdiction of High Court – Final orders – Committal to High Court – Discretion of Director of Public Prosecutions – Whether committal proceedings are amenable to revision.
11 August 2025
June 2025

 

16 June 2025
May 2025

 

27 May 2025
April 2025

Criminal law—theft—conspiracy to defraud—lack of mens rea—no common intention—prosecution failed to link accused to fraudulent scheme—key accomplices not called as witnesses—accused acquitted

30 April 2025

Criminal procedure—private prosecution—money laundering—role of Magistrate—police investigation—application for restraining orders—no prima facie case—neutrality of magistrate—appeal dismissed

25 April 2025

Criminal law—causing financial loss—electronic fraud—money laundering—corruption—abuse of office—USD 8.5 million fraud—USD 8.2 million recovered—bail—substantial securities and sureties—application allowed with strict conditions

22 April 2025

Human rights—torture—unlawful detention—right to liberty—burden of proof—evidence standard—detention beyond 48 hours—detention in police custody—personal liability—public accountability—compensation—criminal trial upheld—no proof of torture.

14 April 2025

Criminal law—corruption—asset recovery—restraining order—mortgagee interest—priority of registration—review—complicity—reasonable suspicion—Anti-Corruption Act—Section 62—legal interest—third party rights—stay lifted—order set aside

11 April 2025

Criminal law—causing the making of a false document—East African Community Customs Management Act—obtaining money by false pretenses—conspiracy to defraud—proof of documentary evidence—defective charges—admissibility of exhibits—role of customs officers—standard of proof—setting aside conviction and sentence

7 April 2025
March 2025

Obtaining money by false pretence (UGX 18,500,000,000)—conspiracy to defraud (UGX 1,270,000,000)—money laundering—use of false identity—conviction & sentence

18 March 2025

Bail—corruption—money laundering—fixed abode—substantial sureties—remand period—presumption of innocence—discretionary power—parity of bail—monitoring through technology—conditions precedent—judicial notice of MPs’ financial standing.

17 March 2025

Bail—presumption of innocence—right to apply for bail—corruption—causing financial loss—abuse of office—electronic fraud—money laundering—judicial discretion—substantial sureties—flight risk—interference with investigations—fixed place of abode—public interest—national financial security—bail terms—conditional release.

3 March 2025

Corruption—public official—solicitation and acceptance of gratification—bribery—evaluation committee—due diligence—contract awarding—digital forensics—WhatsApp evidence—recorded conversation—conviction—sentencing—fine and imprisonment—ban from public office

3 March 2025
February 2025

Criminal procedure—advocate—right to a fair hearing—trial delay—abuse of court process—judicial discretion—case management—prosecution misconduct—failure to enforce surety bonds—costs

11 February 2025
January 2025

Criminal law—causing financial loss—section 20(1) of the Anti-Corruption Act—erroneous bank credit—utilization of funds without verification—knowledge or reason to believe loss would occur—circumstantial evidence—burden and standard of proof—intent to cause loss inferred from conduct—actual loss proved—conviction.

14 January 2025
December 2024

 

3 December 2024
November 2024

Dealing with suspect property—misuse of public resources—iron sheets allocation—ministerial accountability—predicate offence—knowledge of illegality—prima facie case—defense required

27 November 2024

Anti-Corruption Act—Restraining orders—Dissipation of tainted property—Reasonable belief—Ownership and possession of property—Ex parte applications—Jurisdiction —Burden of proof at restraint stage—Prevention of asset disposal—Link to alleged crime—Compensation and confiscation orders.

27 November 2024
October 2024

 

15 October 2024
Applicant remanded over 180 days entitled to bail; court imposed stringent financial security and reporting conditions.
Criminal procedure – Bail – Article 23(6)(c) Constitution – Remand in custody over 180 days without committal – Right to bail; Sufficiency of sureties and security; Seriousness of alleged bank fraud, money laundering and conspiracy; Onerous bail conditions to mitigate flight risk.
2 October 2024
August 2024
The applicant's bail was denied due to significant flight risk and inadequate substantial sureties amid multiple serious charges.
Bail — Trial on Indictments Act s.15(4) — fixed place of abode; admissibility of electronic records (Electronic Transactions Act); substantial sureties; prior bail compliance; multiplicity of pending charges and flight risk — stringent conditions required; bail refused for insufficient sureties and security.
20 August 2024

 

5 August 2024
July 2024
High Court lacked jurisdiction to stay execution of a compensation order pending a criminal appeal to the Supreme Court.
Criminal appeals – stay of execution – Rule 6(2)(a) Judicature (Supreme Court Rules) vests Supreme Court with power to suspend execution; Civil Procedure Act s.34(1) relates to execution matters but does not confer jurisdiction where decree is contested on appeal; jurisdictional objections may be raised at any stage; parties cannot confer jurisdiction.
23 July 2024
A conviction for personation and fraud was partly overturned for lack of proof of forgery, with sentence reduced and compensation upheld.
Criminal law – personation – personating a public officer – sufficiency of evidence for forgery – fair hearing – compensation for crime proceeds – sentencing discretion – use of property as security for compensation in criminal cases.
12 July 2024
Applicant failed to prove matrimonial interest or possession; objector application dismissed though execution proceedings were competent.
Civil procedure – objector proceedings under Order 22 Rules 55–57; execution is a process not an event; Section 44 Civil Procedure Act – attachment of saleable property; Land Act s.38A(4) – family land and spousal interests; burden of proof – objector must prove marital interest and possession.
10 July 2024
April 2024
A diploma‑holding road inspector's report and false accountabilities can support embezzlement conviction; sentence upheld.
* Criminal law – Embezzlement – False accountability and disbursement of public funds for no work as evidence of embezzlement. * Evidence – Expert/opinion evidence – Diploma‑holding road inspector competent to assess road maintenance works; expert opinion is advisory. * Administrative law – Engineers Registration Act not a bar to inspection evidence by diploma holders. * Sentencing – Appellate restraint where sentence falls within guidelines; caution on using lack of remorse.
17 April 2024
February 2024
Court discharged accused found mentally incapable to stand trial and discontinued related proceedings.
Mental capacity to stand trial – psychiatric evidence establishing dementia/neurocognitive impairment – Trial on Indictments Act s45 and constitutional limits on detention – discharge/discontinuance of proceedings to prevent abuse of process.
20 February 2024
Court finds separate prosecutions concerned distinct transactions and refuses injunction against Inspectorate's prosecution.
* Constitutional and criminal procedure – right to a fair trial – pretrial summonses and production orders – when investigatory summonses by Inspectorate of Government prejudice fair trial rights. * Joinder and multiplicity of prosecutions – test for "same transaction" and "same character" – when separate prosecutions amount to abuse. * Human Rights (Enforcement) Act 2019 – jurisdiction to entertain allegations of human‑rights infringements arising from pending criminal proceedings. * Inspectorate of Government powers – constitutional investigatory and prosecutorial competence (Article 230).
19 February 2024
A custodial sentence for embezzlement was adjusted to deduct time spent on remand, but found neither harsh nor excessive.
Criminal law – sentencing – embezzlement – failure to deduct remand period from sentence – appellate review of illegality – discretion in sentencing – harshness and appropriateness of prison terms – powers of appellate court to substitute sentences.
19 February 2024
Court stayed criminal trial pending a human-rights appeal alleging violation of non-derogable fair-trial rights.
Human Rights (Enforcement) Act 2019 – stay of criminal proceedings pending human-rights appeal; alleged violation of non-derogable fair-trial rights; mandatory stay when question arises under s.8; appellate priority under s.16; stay granted where appeal is arguable to prevent nugatory proceedings.
7 February 2024
November 2023
Whether alleged police misconduct, non-disclosure and media coverage vitiated the applicant's right to a fair trial.
Human rights enforcement — pre-trial disclosure of material and exculpatory evidence; prosecutorial discretion and selective prosecution; allegations of torture and standard of proof; media reporting and the accused's right to a fair trial.
28 November 2023
Court dismissed allegations of torture, non-disclosure and prejudicial media, finding no breach of fair trial rights.
* Criminal procedure – pre-trial disclosure – Article 28(3)(c) Constitution – prosecution duty to disclose material and exculpatory evidence; Aniket Patel authority; trial court discretion on materiality and availability. * Constitutional law – prosecutorial discretion – Article 120(5) – selective prosecution allegations. * Human rights – freedom from torture – Prevention and Prohibition of Torture Act 2012 – elements and burden of proof. * Fair trial – right to counsel and notification of reasons for arrest – procedural breach not automatically fatal. * Media law – freedom of expression vs. presumption of innocence and trial fairness.
28 November 2023
October 2023
Conviction for corruption quashed due to lack of corroborative evidence and unreliable prosecution testimony.
Criminal law – corruption – elements of offering gratification to a public official – standard of proof – evidential requirement – necessity of corroboration – failure to call key witnesses undermines prosecution case – importance of direct evidence in bribery cases.
23 October 2023
The court affirmed acquittal due to insufficient evidence proving the respondent authored or caused the making of false documents.
Criminal law – making false documents – East African Community Customs Management Act – evidentiary requirements – authorship of documents – standard of proof – acquittal upheld for insufficient evidence.
22 October 2023
Accused acquitted where prosecution failed to prove funds were proceeds of crime and statutory declaration procedures were not followed.
Money laundering — possession of large cash at port of entry — requirement to prove knowledge that funds are proceeds of crime — prima facie case test — statutory declaration at ports (s.10 AMLA; Reg.10 SI 2015) — procedural irregularity where immigration officers did not escort traveller to customs — inadmissible/hearsay and inadequate investigation undermining prosecution.
4 October 2023
July 2023
Court dismissed attempt to revise plea-bargain order to forfeit goods based on uncharged Tobacco Control offences.
* Criminal procedure – Plea bargain – scope and effect – court constrained to terms and offences charged under the statute of conviction. * Forfeiture – Orders for forfeiture must derive from offences charged and convicted; cannot be imposed for different uncharged offences. * Due process – Presumption of innocence – cannot be circumvented by revising orders to punish for offences not tried. * Remedies – Applicant may initiate separate proceedings under other statutes notwithstanding a plea bargain.
17 July 2023
The court granted conditional bail to applicants charged with corruption and financial crimes, imposing strict surety and reporting requirements.
Criminal procedure – bail application – Anti-Corruption Act – sufficiency of sureties – imposition of strict bail conditions – presumption of innocence – bailable offences – risk management in financial crime cases.
12 July 2023
Court held prosecutions of political leaders lawful; no constitutional rights violation shown and application dismissed.
Constitutional law – locus standi under Article 50(2); criminal liability of political leaders – no automatic immunity; prosecutorial discretion and individual culpability; alleged piecemeal prosecutions and consolidation; no demonstrated violation of fair trial or other constitutional rights.
4 July 2023
Challenge to criminal investigations of political leaders over diversion of relief items dismissed; no immunity or rights breaches found.
* Constitutional law – enforcement of rights – Article 50(1)–(2) – locus standi to apply on behalf of others. * Criminal law / constitutional immunity – political office-holders not categorically immune from investigation or prosecution. * Administrative/procedural law – prosecutorial discretion and investigation-driven charging decisions; consolidation of files premature. * Human rights – alleged infringements (liberty, fair hearing, equality, movement, participation) not established on the evidence. * Remedies – declaratory reliefs, injunctions and damages unavailable absent demonstrated rights violations.
4 July 2023
June 2023
Forgery conviction quashed for lack of expert testimony; causing financial loss and compensation order upheld.
Criminal law – forgery – handwriting expert report inadmissible/insufficient without expert testimony; Criminal law – causing financial loss – public officer liable where supporting documents facilitate bogus payment; Evidence – appellate rehearing and re-evaluation of credibility; Compensation – magistrate's power under s197 MCA to order restitution.
15 June 2023
A request to stay criminal proceedings pending a human rights application was dismissed for lack of prima facie case and irreparable harm.
Criminal procedure – stay of proceedings – Human Rights Enforcement Act – requirements for stay – prima facie case – irreparable harm – locus standi – balance of convenience – DPP’s prosecutorial mandate.
8 June 2023