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

15 judgments

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15 judgments

Citation	Judgment date
December 2024
Mabirizi v Obore & 5 Others (Miscellaneous Appeal 9 of 2024) [2024] UGHCACD 11 (3 December 2024)	3 December 2024
November 2024
Uganda v Lugolobi (Criminal Session 4 of 2023) [2024] UGHCACD 9 (27 November 2024) Dealing with suspect property—misuse of public resources—iron sheets allocation—ministerial accountability—predicate offence—knowledge of illegality—prima facie case—defense required	27 November 2024
Uganda v Wamukuyu (Miscellaneous Application 83 of 2024) [2024] UGHCACD 10 (27 November 2024) Anti-Corruption Act—Restraining orders—Dissipation of tainted property—Reasonable belief—Ownership and possession of property—Ex parte applications—Jurisdiction —Burden of proof at restraint stage—Prevention of asset disposal—Link to alleged crime—Compensation and confiscation orders.	27 November 2024
October 2024
Uganda Private prosecution by Male H Mabirizi K Kiwanuka v Anita Among Annet (Civil Appeal 3 of 2024) [2024] UGHCACD 8 (15 October 2024)	15 October 2024
Nabisubi Erina v Uganda (Miscellaneous Application 66 of 2024) [2024] UGHCACD 14 (2 October 2024) Applicant remanded over 180 days entitled to bail; court imposed stringent financial security and reporting conditions. Criminal procedure – Bail – Article 23(6)(c) Constitution – Remand in custody over 180 days without committal – Right to bail; Sufficiency of sureties and security; Seriousness of alleged bank fraud, money laundering and conspiracy; Onerous bail conditions to mitigate flight risk.	2 October 2024
August 2024
Kato Absolom v Uganda (HCT-00-AC-CM-0045 of 2024) [2024] UGHCACD 15 (20 August 2024) The applicant's bail was denied due to significant flight risk and inadequate substantial sureties amid multiple serious charges. Bail — Trial on Indictments Act s.15(4) — fixed place of abode; admissibility of electronic records (Electronic Transactions Act); substantial sureties; prior bail compliance; multiplicity of pending charges and flight risk — stringent conditions required; bail refused for insufficient sureties and security.	20 August 2024
Mutembuli & 2 Others v Uganda (Miscellaneous Application 41 of 2024; Miscellaneous Application 42 of 2024; Miscellaneous Application 47 of 2024) [2024] UGHCACD 6 (5 August 2024)	5 August 2024
July 2024
Kunsa v Uganda (HCT-00-AC-CM 51 of 2023) [2024] UGHCACD 7 (23 July 2024) High Court lacked jurisdiction to stay execution of a compensation order pending a criminal appeal to the Supreme Court. Criminal appeals – stay of execution – Rule 6(2)(a) Judicature (Supreme Court Rules) vests Supreme Court with power to suspend execution; Civil Procedure Act s.34(1) relates to execution matters but does not confer jurisdiction where decree is contested on appeal; jurisdictional objections may be raised at any stage; parties cannot confer jurisdiction.	23 July 2024
Mugarura Andrew v Uganda (Criminal Appeal 27 of 2023) [2024] UGHCACD 12 (12 July 2024) A conviction for personation and fraud was partly overturned for lack of proof of forgery, with sentence reduced and compensation upheld. Criminal law – personation – personating a public officer – sufficiency of evidence for forgery – fair hearing – compensation for crime proceeds – sentencing discretion – use of property as security for compensation in criminal cases.	12 July 2024
Nakirijja v Kiwanuka (Criminal Miscellaneous Application 69 of 2023) [2024] UGHCACD 5 (10 July 2024) Applicant failed to prove matrimonial interest or possession; objector application dismissed though execution proceedings were competent. Civil procedure – objector proceedings under Order 22 Rules 55–57; execution is a process not an event; Section 44 Civil Procedure Act – attachment of saleable property; Land Act s.38A(4) – family land and spousal interests; burden of proof – objector must prove marital interest and possession.	10 July 2024
April 2024
Olega v Uganda (Criminal Appeal 16 of 2023) [2024] UGHCACD 4 (17 April 2024) A diploma‑holding road inspector's report and false accountabilities can support embezzlement conviction; sentence upheld. * Criminal law – Embezzlement – False accountability and disbursement of public funds for no work as evidence of embezzlement. * Evidence – Expert/opinion evidence – Diploma‑holding road inspector competent to assess road maintenance works; expert opinion is advisory. * Administrative law – Engineers Registration Act not a bar to inspection evidence by diploma holders. * Sentencing – Appellate restraint where sentence falls within guidelines; caution on using lack of remorse.	17 April 2024
February 2024
Uganda v Matsiko Mutungwire and Others (Session Case 17 of 2023) [2024] UGHCACD 3 (20 February 2024) Court discharged accused found mentally incapable to stand trial and discontinued related proceedings. Mental capacity to stand trial – psychiatric evidence establishing dementia/neurocognitive impairment – Trial on Indictments Act s45 and constitutional limits on detention – discharge/discontinuance of proceedings to prevent abuse of process.	20 February 2024
Kitutu v Attorney General & Another (Criminal Miscellaneous Application 2 of 2024) [2024] UGHCACD 2 (19 February 2024) Court finds separate prosecutions concerned distinct transactions and refuses injunction against Inspectorate's prosecution. * Constitutional and criminal procedure – right to a fair trial – pretrial summonses and production orders – when investigatory summonses by Inspectorate of Government prejudice fair trial rights. * Joinder and multiplicity of prosecutions – test for "same transaction" and "same character" – when separate prosecutions amount to abuse. * Human Rights (Enforcement) Act 2019 – jurisdiction to entertain allegations of human‑rights infringements arising from pending criminal proceedings. * Inspectorate of Government powers – constitutional investigatory and prosecutorial competence (Article 230).	19 February 2024
No. 67154 PC, Opio Andrew Stephen v Uganda (Criminal Appeal No. 17 of 2023) [2024] UGHCACD 13 (19 February 2024) A custodial sentence for embezzlement was adjusted to deduct time spent on remand, but found neither harsh nor excessive. Criminal law – sentencing – embezzlement – failure to deduct remand period from sentence – appellate review of illegality – discretion in sentencing – harshness and appropriateness of prison terms – powers of appellate court to substitute sentences.	19 February 2024
Kitutu Mary Goretti Kimono v Attorney General (Criminal Miscellaneous Application 76 of 2023) [2024] UGHCACD 1 (7 February 2024) Court stayed criminal trial pending a human-rights appeal alleging violation of non-derogable fair-trial rights. Human Rights (Enforcement) Act 2019 – stay of criminal proceedings pending human-rights appeal; alleged violation of non-derogable fair-trial rights; mandatory stay when question arises under s.8; appellate priority under s.16; stay granted where appeal is arguable to prevent nugatory proceedings.	7 February 2024