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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.
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https://judiciary.go.ug/data/smenu/19/Anti-Corruption%20Division.html
6 judgments
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6 judgments
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June 2015
Uganda v Serwamba & Ors (HCT-00-CN 24 of 2015) [2015] UGHCACD 16 (30 June 2015)
Bail refused due to procedural defects in supporting affidavits and real risk of applicant absconding (no fixed abode).
* Criminal procedure – Bail – constitutional and statutory framework (Article 23, Trial on Indictments Act ss.14–15) * Procedural compliance – supporting affidavits and filing fees – belated affidavits without fee not entertained * Bail considerations – gravity of offence, antecedents, fixed abode, risk of interfering with witnesses/evidence, adequacy of sureties * Absconding risk – absence of permanent abode and insufficient sureties justify refusal of bail
 30 June 2015
Byamukama v Uganda (HCT-00-CN 19 of 2014) [2015] UGHCACD 11 (18 June 2015)
Appellant convicted for abusing office by awarding a procurement contract to a non‑prequalified supplier; appeal dismissed.
Anti‑corruption — Abuse of office — Elements: employment in public body; arbitrary act; abuse of authority; prejudice to employer; procurement — award to non‑prequalified supplier; failure to follow accounting and approval procedures; appellate review of factual findings.
 18 June 2015
Gawaya v Uganda (HCT-00-CN 16 of 2015) [2015] UGHCACD 6 (18 June 2015)
Appellate court upheld conviction for a public prosecutor receiving gratification; circumstantial evidence and sentence were sustained.
Anti‑corruption law – corrupt receipt of gratification by public official; circumstantial evidence – prosecution must exclude reasonable hypotheses of innocence; credibility – trial court entitled to prefer complainant over accused; sentence review – appellate interference only where discretion misapplied or manifestly excessive.
 18 June 2015
Nassembule v Uganda (HCT-00-CN 5 of 2015) [2015] UGHCACD 9 (18 June 2015)
Appeal dismissed; personation conviction supported by evidence and sentences found within statutory discretion.
* Criminal law – Personation/impersonation of a public officer – representation as another person for deception – admissibility and weight of phone recording and witness testimony. * Anti‑Corruption Act – corrupt solicitation and receipt of gratification – sentencing limits and application of statutory maxima. * Sentencing – Magistrates Courts Act s.175 – exercise of discretion to order consecutive sentences.
 18 June 2015
Uganda v Bamwise (HCT-00-SC 2 of 2015) [2015] UGHCACD 12 (18 June 2015)
Administrator convicted for fraudulent conversion and unlawful registration of family land, titles ordered cancelled.
* Criminal law – Fraudulent disposal of trust property – Administrator/trustee duties – conversion of customary land into registered titles without beneficiary consent. * Property law – Registration of Titles Act – unlawful procurement of leasehold and freehold certificates where co-beneficiaries excluded. * Evidence – intention to defraud proved by concealment, failure to file estate inventory, forged endorsements, and mortgaging without beneficiaries’ knowledge. * Remedies – conviction, fines with imprisonment in default, and cancellation of impugned titles.
 18 June 2015
Uganda v Semambo (HCT-00-AC-CN 25 of 2014) [2015] UGHCACD 7 (11 June 2015)
State's appeal against respondent's acquittal for theft dismissed for failure to prove requisite fraud/mens rea.
* Criminal law – Appeal against acquittal – appellate court review of record and limitations from not seeing witnesses; * Theft – requirement of fraud/mens rea (knowledge and intent) to sustain theft charge; * Evidentiary sufficiency – signing documents alone insufficient to establish fraud; * Penal Code – prosecution must adduce evidence to invoke statutory provisions (e.g., s.20) to support theft allegation.
 11 June 2015