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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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5 judgments
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December 2022
Uganda v Musoke (Criminal Appeal 7 of 2022) [2022] UGHCACD 12 (20 December 2022)
20 December 2022
Akujjo v Uganda (Criminal Appeal No. 6 of 2022) [2022] UGHCACD 10 (7 December 2022)
Appellant’s embezzlement conviction and four‑year sentence upheld; evidence established misappropriation of UNEB fees and ten‑year public‑office ban.
Criminal law – Embezzlement – UNEB registration and mock fees collected by headteacher – ownership of funds prior to remittance – access by virtue of office – evidential burden and corroboration – sentencing discretion – mandatory disqualification from public office under Anti‑Corruption law.
 7 December 2022
Florence Nattu v Uganda(IGG) (Criminal Appeal No. 4 of 2022) [2022] UGHCACD 9 (7 December 2022)
The appellant’s convictions for causing financial loss and abuse of office were upheld based on payroll fraud evidence.
* Criminal law – Appeal – appellate re-appraisal and scrutiny of evidence; burden of proof beyond reasonable doubt. * Fraud/payroll fraud – creation of false entries and payments to ghost employees. * Abuse of office – role of a public officer and guilty knowledge causing financial loss. * Evidence – corroboration by witnesses and documentary correspondence.
 7 December 2022
Owachgiu v Uganda (Criminal Appeal No. 8 of 2021) [2022] UGHCACD 8 (7 December 2022)
Late disclosure, misuse of police statement and contradictory figures made the embezzlement conviction unsafe, leading to acquittal.
Criminal law – Embezzlement – requirement to prove specific amount beyond reasonable doubt; Disclosure – admission of late witnesses and documents; Right to fair hearing – equality of arms; Admissibility of police/plain statements – scope limited to tested matters; Appeal – re-appraisal of evidence and safety of conviction.
 7 December 2022
Uganda v Agaba (Session Case 1 of 2021) [2022] UGHCACD 7 (2 December 2022)
The accused convicted for abuse of office, causing financial loss and embezzlement arising from irregular payment requisitions.
Criminal law – Abuse of office: requisitions and approvals; Causing financial loss – elements: act/omission, knowledge/reason to believe, causation and loss; Embezzlement – theft of employer funds, access by virtue of office and fraudulent intent; Evidentiary issues – signature comparison, WhatsApp extractions, KYC and bank records; Recoveries mitigate sentencing but do not negate loss.
 2 December 2022