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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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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