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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
4 judgments
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4 judgments
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July 2023
Uganda v Ahimbisibwe (Revision Cause 1 of 2023) [2023] UGHCACD 11 (17 July 2023)
Court dismissed attempt to revise plea-bargain order to forfeit goods based on uncharged Tobacco Control offences.
* Criminal procedure – Plea bargain – scope and effect – court constrained to terms and offences charged under the statute of conviction. * Forfeiture – Orders for forfeiture must derive from offences charged and convicted; cannot be imposed for different uncharged offences. * Due process – Presumption of innocence – cannot be circumvented by revising orders to punish for offences not tried. * Remedies – Applicant may initiate separate proceedings under other statutes notwithstanding a plea bargain.
 17 July 2023
Rebecca Kwagala andOthers v Uganda (Miscellaneous Applications No. 44 and 46 of 2023) [2023] UGHCACD 14 (12 July 2023)
The court granted conditional bail to applicants charged with corruption and financial crimes, imposing strict surety and reporting requirements.
Criminal procedure – bail application – Anti-Corruption Act – sufficiency of sureties – imposition of strict bail conditions – presumption of innocence – bailable offences – risk management in financial crime cases.
 12 July 2023
Mabirizi Kiwanuka v Uganda (DPP) and Another (Criminal Miscellaneous Cause 3 of 2023) [2023] UGHCACD 7 (4 July 2023)
Court held prosecutions of political leaders lawful; no constitutional rights violation shown and application dismissed.
Constitutional law – locus standi under Article 50(2); criminal liability of political leaders – no automatic immunity; prosecutorial discretion and individual culpability; alleged piecemeal prosecutions and consolidation; no demonstrated violation of fair trial or other constitutional rights.
 4 July 2023
Mabirizi v Uganda (DPP) and Another (Miscellaneous Cause 3 of 2023) [2023] UGHCACD 6 (4 July 2023)
Challenge to criminal investigations of political leaders over diversion of relief items dismissed; no immunity or rights breaches found.
* Constitutional law – enforcement of rights – Article 50(1)–(2) – locus standi to apply on behalf of others. * Criminal law / constitutional immunity – political office-holders not categorically immune from investigation or prosecution. * Administrative/procedural law – prosecutorial discretion and investigation-driven charging decisions; consolidation of files premature. * Human rights – alleged infringements (liberty, fair hearing, equality, movement, participation) not established on the evidence. * Remedies – declaratory reliefs, injunctions and damages unavailable absent demonstrated rights violations.
 4 July 2023