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.
2 judgments
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2 judgments
Citation
Judgment date
December 2020
Applicant charged with money laundering granted bail where fixed abode and substantial sureties dispelled real risk of absconding or interference.
Criminal law – Money laundering – Bail considerations; presumption of innocence and constitutional right to apply for bail. Statutory criteria – Trial on Indictments Act ss.14–15: fixed place of abode, sound sureties, risk of absconding. Evidence – need for concrete proof of risk to investigations or witnesses; allegations alone insufficient to deny bail. Bail conditions – cash bond, surety bonds, passport deposit, periodic reporting to Registrar.
30 December 2020
Acquittals upheld for lack of proven corrupt intent; seized cash forfeited to the State.
Criminal law — Corruption — Offering a gratification: substantive offence in s.2(b) Anti‑Corruption Act 2009; s.2(g) explanatory (agent/participation). Burden of proof — prosecution must establish both actus reus and mens rea beyond reasonable doubt. Investigation — failure to investigate purpose of payment and loss of potential evidence undermines prosecution. Forfeiture — seized funds not to be returned to a denier of ownership; ordered forfeited to the State.
11 December 2020