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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.
Visit website
https://judiciary.go.ug/data/smenu/19/Anti-Corruption%20Division.html
2 judgments
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2 judgments
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November 2020
Busale v Uganda (Criminal Appeal No. 28 of 2019) [2020] UGHCACD 5 (22 November 2020)
Convictions upheld for personation and fraud; sentence amended to credit three days on remand.
Criminal law – Personation and obtaining by false pretence; sufficiency of identification evidence without parade; hearsay severability; circumstantial corroboration; constitutional entitlement to remand credit under Article 23(B).
 22 November 2020
Uganda v Serufuza Zaake and Another (Corruption Division HCT-00-AC-CN 21 of 2019) [2020] UGHCACD 10 (12 November 2020)
Acquittal upheld where unreliable audit evidence, missing primary documents and lack of handwriting proof left reasonable doubt.
Criminal law – Embezzlement – requirement that prosecution prove theft and mens rea beyond reasonable doubt; reliability of audit reports and secondary documentary evidence. Evidence – admissibility and weight of audit reports; necessity of producing primary/source documents (IROs, receipts, cash books, system records). Evidence – identity issues: need for handwriting/expert analysis where signature attribution is decisive. Evidence – extra-judicial confessions: voluntariness and admissibility; confession may not substitute for proof of charged offence or amount. Appellate review – duty to re-evaluate evidence afresh and weigh strengths and weaknesses of both sides.
 12 November 2020