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.
17 judgments
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17 judgments
Citation
Judgment date
December 2014
Accused convicted of embezzlement, forgery and uttering; concurrent custodial sentences and restitution ordered.
* Criminal law – Embezzlement – elements: existence of company, employee status, access by virtue of office, misappropriation of funds, and proof by audit and bank records. * Criminal law – Forgery – false document defined; receipts purporting to originate from supplier found not to originate and declared forged; possession and silence raising presumption of authorship. * Criminal law – Uttering – intentionally inducing another to act on forged documents proven where forged receipts were presented as proof of payment. * Evidence – Circumstantial evidence and audit findings sufficient where direct proof lacking; burden remains on prosecution; accused’s silence on facts within his knowledge relevant under s.105 Evidence Act. * Sentencing – custodial sentence and restitution appropriate given scale of loss and deterrence considerations.
20 December 2014
November 2014
The appellant’s embezzlement conviction and refund order affirmed; unauthorized employee payment to a third party does not negate embezzlement.
* Criminal law – Embezzlement – Employee and signatory to employer’s bank account withdraws funds and pays a third party without authorization – unauthorized payment constitutes embezzlement. * Evidence – Proof of ownership/entitlement – bank account signatories as prima facie owners; minor typographical discrepancies not fatal where no prejudice shown. * Employment – oral employment sufficient to establish employee status for embezzlement charge. * Sentencing – sentencing discretion; refund order obligatory on conviction.
10 November 2014
Appeal against embezzlement and financial-loss convictions dismissed; evidence sufficient and sentence upheld.
Criminal appeal – embezzlement and causing financial loss – sufficiency of evidence – late tendering of exhibits – right to legal representation in magistrates' courts – cross-examination – sentence proportionality.
10 November 2014
Town clerk lacked authority and improperly awarded public contracts; convictions for abuse of office and corruption upheld.
Criminal law – Abuse of office and corruption – Award of public contracts to different entity than approved; Procurement law – authority to communicate tender awards under Local Governments (Public Procurement and Disposal of Public Assets) Regulations 2006; Appellate review – evaluation of evidence and upholding trial court findings.
10 November 2014
Conviction for embezzlement quashed for failure to prove employment, misappropriation and lack of forensic linkage.
* Criminal law – Embezzlement – elements: employment, misappropriation, access by virtue of employment – requirement proof beyond reasonable doubt. * Evidence – burden of proof on prosecution – need for documentary linkage and forensic examination (handwriting/forensics) to tie exhibits to accused. * Evidence – hearsay and unreliable testimony cannot replace direct proof of employment or culpability. * Investigation – necessity of cautioned statements, forensic audit, witness statements and scene inquiries. * Appeal – appellate review of trial evidence where conviction is unsafe due to evidential deficiencies.
10 November 2014
An operations manager’s unauthorized permission enabling private use of state broadcasting facilities constituted abuse of office and conspiracy.
* Anti‑corruption law – Abuse of office – unauthorized authorization of private use of state broadcasting facilities – requirement of tenancy/contract and managing‑director approval. * Evidence – admissibility and corroboration of co‑accused confession (charge and caution statement) in establishing conspiracy. * Criminal law – Conspiracy to defraud – acts and mutual understanding evidencing agreement. * Property offences – Fraudulent appropriation of electric power by using metered electricity without payment. * Proof of loss – necessity of quantifying financial prejudice when charging for causing financial loss.
3 November 2014
August 2014
Whether solicitation and receipt under s.2(a) are distinct and whether the prosecution proved corruption beyond reasonable doubt.
* Anti‑Corruption Act s.2(a) – solicitation and acceptance/receiving are alternative, distinct acts. * Evidence – corroboration of trap operations and witness testimony can prove receipt. * Contradictions – minor inconsistencies and small exhibit errors not necessarily fatal. * Failure to call witness or tender fingerprint report not always fatal; prosecution’s discretion in adducing evidence. * Appellate re‑appreciation – duty to reassess credibility where necessary.
18 August 2014
Misjoinder of separate offences in one charge violated right to fair hearing; convictions quashed and retrial ordered.
* Criminal procedure – Joinder of accused and counts – Misjoinder where offences are separate in time, place and nature – s.87 Magistrates Courts Act. * Constitutional law – Right to fair hearing – Defective charge sheet and misjoinder vitiating trial (Article 44(c)). * Remedy – Convictions quashed and retrial ordered where trial defective for misjoinder. * Appellate duty – First appellate court must re-hear and make its own decision on the evidence and law.
8 August 2014
Prosecution failed to prove illicit enrichment: past income omitted and valuation report lacked intelligible methodology, accused acquitted.
* Criminal law — Illicit enrichment — Proof requires precise financial profiling and valuation to show assets disproportionate to current and past known income (s.31). * Evidence — Expert valuation evidence must provide intelligible criteria and methodology, not bare ipse dixit. * Procedure — No‑case‑to‑answer proper where prosecution fails to prove essential ingredients; accused acquitted under s.73(1) Trial on Indictment Act.
8 August 2014
July 2014
Senior procurement officers convicted for causing loss and neglect after flawed awarding and payment under a letter of credit.
Public procurement — evaluation and award — duty of due diligence; letters of credit — documentary discrepancies and bank queries; causing financial loss (s.20 ACA); abuse of office (s.11 ACA) vs administrative variations; neglect of duty (s.114 PCA); consultant v. public officer status; restitution and disqualification orders.
17 July 2014
June 2014
The accused are entitled to full pre-trial disclosure; indictment must be amended for proper joinder.
Criminal procedure – Pre-trial disclosure – Right to adequate time and facilities for defence (Art 28(3)(c)) – No trial by ambush; Joinder of accused – Scope of S.24 Trial on Indictment Act – Misjoinder where offences occur on different days/locations; Particulars of indictment – Requirement under S.22; Disclosure before Deputy Registrar.
20 June 2014
May 2014
Prosecution failed to prove abuse of office, embezzlement or false accounting; accused acquitted on all counts.
* Criminal law – Abuse of office – elements: employment in public body; arbitrary act; abuse of authority; prejudice to employer – failure to prove initiation, arbitrariness or prejudice. * Criminal law – Embezzlement – requirement of theft and stewardship/control of funds – absence of evidence of theft or control. * Criminal law – False/Fraudulent Accounting – officer charged with receipt/custody must be shown and a false return proved; misplacement of charge under wrong section and insufficiency of proof. * Procedure – searches by police must follow statutory (Police Act, Magistrates Courts Act) and constitutional safeguards.
20 May 2014
Appellant’s convictions for unlicensed deposit‑taking and embezzlement affirmed; compensation upheld and sentence reduced to three years.
* Financial Institutions Act – deposit‑taking – definition of "deposit" includes sums repayable with or without interest – licence required to transact deposit‑taking business. * Penal Code – embezzlement – conviction may rest on circumstantial evidence where inculpatory facts exclude innocence. * Burden of proof – prosecution bears burden beyond reasonable doubt; trial court’s critique of accused’s explanation does not necessarily shift burden. * Compensation – section 270 Penal Code mandates compensation on conviction and allows apportionment of liability. * Sentencing – remand credit and relative culpability between co‑accused inform appropriate reduction of custodial term.
14 May 2014
Court upheld convictions for unlicensed deposit-taking and embezzlement, affirmed compensation, disqualification, and a seven-year sentence.
* Financial Institutions Act s.4 – prohibition on transacting deposit-taking business without licence; operators and company officers liable. * Penal Code s.268 – embezzlement by company officer who accesses funds by virtue of office. * Proof – prosecution must prove elements beyond reasonable doubt; bank and witness evidence plus verification report may establish tracing and loss. * Compensation – court may order convicted persons to reimburse verified depositor losses. * Sentencing – remand credit, aggravating (large loss, repeat offending) and mitigating factors considered.
7 May 2014
April 2014
Whether the appellant was validly charged and lawfully convicted for corrupt receipt of gratification.
* Criminal law – Corruptly receiving gratification – Particulars of charge – Requirement to disclose essential ingredients; * Public office – Definition of Chairperson L.C.V. as public officer under Constitution and Anti‑Corruption Act; * Evidence – Assessment of contradictions and discrepancies; minor inconsistencies not fatal; * Accomplice evidence – Competence and need for corroboration; corroborated accomplice testimony upheld; * Proof of receipt – Envelope exchange and matching note records as sufficient proof.
8 April 2014
February 2014
Counsel for an employer who authored evidence against an accused creates a disqualifying conflict of interest.
* Conflict of interest – advocate acting for employer who authored evidence against accused – disqualification required; * Advocates (Professional Conduct) Regulations SI 267-2 – Reg 9 (advocate as witness) and Reg 10 (fiduciary duties) – applicability; * Partnership Act – firm-level liability and inability to evade disqualification; * Right to counsel of choice – not absolute where it causes professional misconduct or conflict.
13 February 2014
Senior public officers convicted for willfully approving a land licence without required Board and Solicitor General approvals.
Corruption — Abuse of office — elements: public officer; arbitrary act; abuse of authority; prejudice to employer; Board approval under National Forest Act required; Attorney General/Solicitor General legal advice under Article 119 mandatory for government-related contracts exceeding S.I.10/1999 exemption; failure to obtain approvals constitutes willful abuse of office; sentencing — custodial terms despite advanced age.
7 February 2014