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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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February 2022
SP No. 02340 Ogwok v Uganda (Criminal Appeal No. 4 of 2021) [2022] UGHCACD 3 (28 February 2022)
Appellate court reduced embezzlement conviction and sentence after proving only Ushs 1,820,000 was stolen.
Criminal law – Embezzlement – proof of loss – prosecution must prove amounts beyond reasonable doubt; handwriting expert evidence as proof of forgery. Evidence – Burden of proof – presumption of innocence and accused's duty to explain matters within his knowledge (s105 Evidence Act) does not amount to shifting the burden. Evidence – Self-incriminating statements – admissibility requires proof of voluntariness and circumstances; such statements may be used for signature comparison only if tendered for that purpose. Sentencing – Discretion – must reflect proven loss and breach of trust; appellate court may reduce sentence and compensation if amount proved is lower.
 28 February 2022
Uganda v Dr. Nassali and 3 Others (Criminal Session Case 06-CR-SC 17 of 2019) [2022] UGHCACD 2 (15 February 2022)
Court found prima facie causing financial loss against accounting officer and contract manager; acquitted internal auditor and company director.
Anti‑corruption — causing financial loss (s.20) — prima facie standard; abuse of office (s.11) — arbitrary act and prejudice to employer; lump‑sum contracts — scope, amendment and overpayment; theft and conspiracy — requirement of appropriation and meeting of minds; role of contract manager and internal auditor — mens rea and duties under procurement regulations.
 15 February 2022