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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
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August 2021
Uganda v Chebet (Criminal Appeal No. 14 of 2020) [2021] UGHCACD 5 (26 August 2021)
Appellate court set aside acquittal and entered conviction, finding prosecution proved embezzlement and the accused had access to the drugs.
* Criminal law – Embezzlement – proof beyond reasonable doubt – recovery of stolen drugs, batch identification and stock reconciliation as evidence of theft. * Appellate review – reappraisal of evidence – distinction between minor and grave inconsistencies; minor contradictions immaterial to central issue. * Credibility and demeanour – trial court's reliance on undocumented observations and speculation impermissible. * Opportunity – access to store and keys by virtue of office relevant to establishing means/opportunity.
 26 August 2021
Uganda v Etuusa Lubega (HCT-00-ACD-SC 3 of 2017) [2021] UGHCACD 6 (25 August 2021)
Whether a deputy registrar abused office by irregularly procuring vendors for a university graduation, violating PPDA procedures.
* Abuse of office – procurement outside PPDA procedures – issuance of allocation/award letters as procurement – arbitrary acts under Section 11(1) ACA – mens rea – prejudice to public employer – Contracts/Procurement and Disposal Unit/Contracts Committee mandate.
 25 August 2021
Uganda v Twinomujuni and Another (Criminal Appeal No. 21 of 2020) [2021] UGHCACD 3 (17 August 2021)
Failure to post cashbook or missing requisitions alone do not prove embezzlement without evidence of fraud or loss.
* Criminal law – Embezzlement – requirement of fraudulent intent; failure to post cash book or missing requisitions alone do not prove theft. * Evidentiary proof – value-for-money audit or supplier testimony needed to impugn accountabilities and establish financial loss. * Admissibility – reliance on defence exhibit containing requisitions, vouchers and accountability receipts upheld where no evidence of fabrication. * Appeal – appellate review may affirm acquittal where prosecution evidence does not establish essential elements of the offence.
 17 August 2021
Uganda v Malong and 3 Others (Criminal Session 4 of 2019) [2021] UGHCACD 4 (16 August 2021)
Accused convicted for obtaining money by false pretence, conspiracy and uttering false documents; money laundering charge dismissed.
Criminal law – Obtaining property by false pretence – Proof by documentary vouchers and false export documentation; Conspiracy to defraud – inference from coordinated acts and roles; Uttering false documents – false permits, certificate of origin, lab report and airway bill; Money laundering – requires evidence of active steps to legitimise proceeds; Failure to prove charges results in dismissal to avoid double jeopardy.
 16 August 2021