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Citation
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Judgment date
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| November 2025 |
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A pending JSC complaint alone does not prima facie render a trial judge’s court non-independent or biased.
Constitutional reference – Article 137(5)(a) and (b) – requirement of a prima facie substantial question of constitutional law before referral; Judicial Service Commission complaint – pending complaint against trial judge does not, without more, disqualify the court or mandate constitutional referral; Fair trial – perception of bias vs. demonstrable basis for referral; Articles 28(1) and 44(c).
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6 November 2025 |
| October 2025 |
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The appellant’s conviction for theft was upheld; magistrate’s discretion and audit‑report admissibility affirmed, sentence reduced to four years.
* Criminal procedure – closure of defence – court discretion to close after repeated adjournments and failure to secure witnesses.
* Civil/administrative procedure – filing of revision does not automatically stay lower‑court proceedings unless ordered.
* Evidence – audit report admissible as expert opinion; lack of formal appointment or chain‑of‑custody affects weight not admissibility.
* Theft – proof of fraudulent intent may be inferred from systematic removal, false records and admissions.
* Sentencing – balancing custodial sentence with restitution; excessive custodial term reduced to facilitate rehabilitation and ability to pay compensation.
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30 October 2025 |
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Prolonged pre-trial detention and suitable sureties justified granting bail with specified bonds and reporting conditions.
Criminal procedure – Bail – Discretionary nature of bail under the Constitution and Bail Guidelines; prolonged pre-trial detention as factor favouring bail; suitability of sureties and appropriate bail conditions in aggravated robbery charge.
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30 October 2025 |
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Accused remanded beyond 180 days before committal is entitled to mandatory bail; commitment after expiry does not defeat that right.
* Criminal procedure – Bail – Mandatory bail under Article 23(6)(c) and Bail Guidelines 2022 – entitlement where accused remanded beyond 180 days before commitment to High Court.
* Effect of subsequent commitment to High Court after expiry of statutory remand period – does not defeat mandatory bail entitlement.
* Considerations for bail – severity of offence, risk of abscondment, presumption of innocence, adequacy of sureties.
* Relevant authority: Joseph Lusse v. Uganda (treatment of delayed committal).
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30 October 2025 |
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Delay exceeding 180 days before committal for a High Court offence triggers a constitutional right to mandatory bail.
Constitutional law – Article 23(6)(c) – Mandatory bail where accused charged with offences triable only by the High Court has been remanded over 180 days; delay in committal; bail conditions (cash deposit, non-cash sureties, periodic reporting).
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30 October 2025 |
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Bail denied where applicant failed to produce mandatory identity document required by Guideline 12(a).
Bail — statutory/practice-direction documentary requirements — Guideline 12(a) requires applicant’s identity document (national ID, passport, aliens ID, employment or student card); absence of such document grounds refusal of bail despite sureties’ LC1 and their identity copies.
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29 October 2025 |
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Whether the appellant’s conduct established common intention to rob and whether the sentence properly credited remand time.
* Criminal law – common intention – doctrine may be inferred from conduct and circumstantial evidence including CCTV footage.
* Evidence – circumstantial evidence – must lead to one irresistible conclusion absent co‑existing factors.
* Sentencing – remand credit mandatory and must be mathematically deducted; ambiguity renders sentence illegal.
* Appellate review – first appellate court duty to re-evaluate material evidence afresh and correct legal sentencing errors.
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28 October 2025 |
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Remand beyond 180 days before committal triggers mandatory bail under Article 23(6)(c), subject to reasonable bail conditions.
Constitutional law – Article 23(6)(c) – mandatory bail where accused remanded 180 days without committal; committal delay; bail conditions; offences triable only by the High Court.
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23 October 2025 |
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Applicant on remand >180 days and medical condition established exceptional circumstances, so bail was granted with conditions.
* Constitutional law – Article 23(6) – right to bail and mandatory bail after 180 days on remand; * Criminal procedure – Bail Guidelines 2022 – Rule 10(1); * Trial on Indictments Act s.16 – exceptional circumstances required for offences triable by High Court; * Exceptional circumstances – medical certificate/advanced age as grounds for bail; * Committal to High Court does not negate time on remand already served.
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23 October 2025 |
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Applicant charged with aggravated robbery failed to prove statutory "exceptional circumstances" required for bail; application dismissed.
* Criminal procedure – Bail – Application for bail pending trial for offence punishable by death – Requirement of "exceptional circumstances" under Section 16(1)(a) and 16(3) of the Trial on Indictments Act. * Exceptional circumstances defined: grave illness (medical certificate), advanced age or infancy, or DPP Certificate of No Objection. * Speedy trial/backlog does not constitute exceptional circumstances per se. * Committal to High Court indicating imminent trial weighs against grant of bail.
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23 October 2025 |
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Prosecution’s failure to produce witnesses and complete evidence meant no prima facie case for aggravated robbery, resulting in acquittal.
Criminal procedure – Prima facie case – Trial on Indictments Act s74; Aggravated robbery – elements: taking/asportation, violence, weapon, participation; Expungement of incomplete testimony; Prosecution’s failure to produce witnesses and exhibits; Acquittal for lack of prima facie case.
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23 October 2025 |
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Territorial jurisdiction is essential; reconciliation under section 160 cannot dispose of felony charges; matter transferred to proper magistrate's court.
* Criminal procedure — Revision — High Court supervisory powers to correct jurisdictional errors and irregularities.
* Jurisdiction — Territorial jurisdiction — Offence location determines appropriate magistrates' court; consent agreement after commission cannot confer jurisdiction.
* Reconciliation — Section 160 Magistrates Courts Act inapplicable to felonies; obtaining money by false pretences is a felony.
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22 October 2025 |
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Criminal Division has jurisdiction; recusal denied; identity dispute deferred to scheduling before plea.
Criminal jurisdiction – committal and file allocation to High Court Criminal Division; Transfer to International Crimes Division – no proof of committal to ICD; Recusal – test for apprehension of bias; Identity particulars in indictment – amenable to amendment or resolution at scheduling before plea.
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15 October 2025 |
| September 2025 |
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First appellate court quashes two false-cheque convictions for lack of produced cheques but upholds fraud and conspiracy convictions, reducing compensation to proven loss.
* Criminal law – issuing false cheques – requirement to produce cheques in evidence to prove issuance and dishonour.
* Criminal law – obtaining money by false pretences – circumstantial evidence and signed agreement sufficient to prove receipt and intent to defraud.
* Criminal law – conspiracy – inferable from conduct; role of guarantor in scheme.
* Sentencing – compensation must reflect proven loss; remand time to be taken into account.
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24 September 2025 |
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Bail denied where applicant failed to prove non‑abscondment and comply with mandatory identification and surety requirements.
Criminal procedure – Mandatory bail – Article 23(6)(a) Constitution and Trial on Indictments Act ss.15–16 – applicant must show exceptional circumstances or prove he will not abscond – factors include fixed abode and sound sureties – compliance with Bail Guidelines (national ID, introductory letter) mandatory – court discretion to deny bail despite prolonged remand.
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18 September 2025 |
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Court dismissed application to revise noise and nuisance charges and refused stay or nullity; trial to proceed expeditiously.
Criminal procedure – revision of magistrates' proceedings; noise regulation – Section 107 National Environment Act; common nuisance – Section 160 Penal Code; stays and nullity – supervisory jurisdiction under Section 17 Judicature Act; prosecutorial independence under Article 120; interlocutory restraint (Kamoga Muhamedi v Uganda; Sarah Kulata Basangwa v Uganda).
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18 September 2025 |
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Court convicted two accused of aggravated robbery on reliable identification and weapon evidence; a co-accused was acquitted.
Criminal law – Aggravated robbery – elements: taking property, use/threat of deadly weapon, participation; Identification evidence – quality factors (illumination, proximity, duration, opportunity to observe) – reliable identification may support conviction; Medical evidence corroborates use of deadly weapon; Insufficient evidence requires acquittal of a co-accused.
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17 September 2025 |
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Applicant granted bail; medical condition not exceptional and sureties/fixed abode allayed absconding risk.
Criminal procedure — Bail — Application under Article 23(6) and sections 15–16 Trial on Indictments Act — Exceptional circumstances (medical) — Fixed abode and sureties — Risk of absconding — Bail Guidelines 2022.
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8 September 2025 |
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Court imposed lengthy concurrent terms for aggravated trafficking and aggravated defilement of a six-year-old, deducting remand time.
* Criminal law – Aggravated defilement and aggravated trafficking – Victim age and severity of injuries as principal aggravating factors; sentencing range and deterrence considerations. * Plea of guilty – Validity after prima facie case established; change of plea not automatically mitigating. * Mitigation – First offender status weighed against brutality and permanence of harm. * Sentencing – Concurrent terms for offences arising from single transaction; remand deduction; right to appeal sentence only.
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5 September 2025 |
| August 2025 |
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The High Court dismissed a bail application as no civilian criminal proceedings were pending against the applicant.
Criminal procedure – Bail – Jurisdiction of High Court – Bail application where no civilian charge is pending – Effect of Supreme Court judgment barring military trial of civilians – Article 23(6)(a) of the Constitution and Articles 28, 120(3)(b) – Section 42 Magistrates Courts Act – Requirement for criminal proceedings to be properly before court.
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27 August 2025 |
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The court granted bail pending appeal to a convicted applicant after applying established criteria and setting strict conditions.
Bail – bail pending appeal – conditions for grant – risk of absconding – strength and reliability of sureties – factors for consideration including pendency and possibility of success in appeal – guiding legal precedents – discretionary grant of bail to convicted appellants.
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27 August 2025 |
Criminal Procedure – Revision – Revisional powers – Freezing of bank account under S.8 Computer Misuse Act – Preservation orders must be temporary, based on reasonable grounds – Ten-month freeze without charges or progress unlawful – Violation of right to property – Disproportionate hardship (scholarship disruption) – Allegations of fraud unproven – Freeze set aside, bank directed to unfreeze account.
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21 August 2025 |
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A judge declined to recuse himself, finding no reasonable basis for alleged bias from delays or prior rulings.
Recusal of judge – alleged bias – reasonable apprehension of bias – scheduling delays – prior adverse rulings – application dismissed for lack of merit
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19 August 2025 |
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The High Court dismissed a bail application for lack of jurisdiction where a case was not properly initiated in a civilian court after transfer from the Court Martial.
Criminal procedure – jurisdiction – bail application – transfer of cases from military to civilian courts – necessity of committal proceedings – Kabaziguruka decision does not override procedural safeguards for initiating criminal proceedings in civilian courts – High Court jurisdiction over bail predicated on proper commencement of proceedings.
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18 August 2025 |
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Applicants entitled to bail after completing statutory remand period without committal, subject to appropriate non-cash bond and sureties.
Criminal procedure – Bail – Completion of statutory remand period – Criteria for grant of bail – Suitable sureties – Non-cash bond – Requirement to report to court.
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13 August 2025 |
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Remand for mandatory bail under Article 23(6)(c) is calculated from first appearance before the ordinary criminal court, not military.
Criminal procedure – bail – mandatory bail under Article 23(6)(c) of the Constitution – computation of remand period – distinction between remand before military court and regular court – evidentiary requirements for remand period – committal overtaking bail application.
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8 August 2025 |
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High Court grants mandatory bail to a civilian remanded over 180 days after General Court Martial lacked jurisdiction.
* Constitutional and criminal procedure - Mandatory bail under Article 23(6)(c) where accused triable only by High Court and remanded over 180 days.
* Jurisdiction - High Court may entertain bail applications for civilians previously before General Court Martial following Supreme Court declaration that military courts lack jurisdiction.
* Bail requirements - burden on respondent to rebut entitlement; verification of sureties and risk of absconding; release may be conditioned under Trial on Indictments Act s.15.
* Remedy for detention delay - protection against prolonged pre-trial detention and promotion of expeditious transfer and trial.
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7 August 2025 |
| July 2025 |
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Criminal Law — Private Prosecution — Powers of DPP to take over and discontinue proceedings — Requirement for consent of court
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30 July 2025 |
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An application was dismissed for want of prosecution after prolonged and unexplained inaction by the applicant.
Criminal procedure – dismissal for want of prosecution – abuse of court process – abandonment of application – inherent powers of High Court to curtail delay – Section 17 Judicature Act.
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29 July 2025 |
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An application was dismissed for want of prosecution due to the applicant's failure to take steps after filing.
Criminal procedure – Abuse of process – Dismissal for want of prosecution – Inherent power of court to curtail delays and weed out abandoned cases – High Court supervisory jurisdiction over magistrates' courts.
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29 July 2025 |
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A bail application was dismissed for want of prosecution due to prolonged inaction by the applicant.
Criminal procedure – bail application – failure to prosecute – abuse of court process – dismissal for want of prosecution – inherent powers of court to curtail delay.
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21 July 2025 |
Criminal Procedure—Media access—Sub judice—Supervisory powers—Fair trial—Press freedom—Trial court discretion—Delay in revision—Challenge to ban on audio/video coverage as unfair—State justified order for decorum, sub judice compliance—No miscarriage of justice found—Order valid, no bad faith—Application dismissed
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15 July 2025 |
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Applicant denied bail for failing to provide national ID and adequate traceability despite substantial sureties.
Bail — constitutional right to apply for bail; discretion under s15 and s16 Trial on Indictment Act; requirement to prove fixed place of abode; Practice Direction 12(a) — production of national identity card and LC1; suitability and substantiality of sureties; risk of abscondment; gravity of offence not conclusive.
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1 July 2025 |
| June 2025 |
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Bail – Release of Passport – Constitutional Rights – Right to Movement – Risk of Flight – Medical Grounds – Compliance with Bail Terms – Court Discretion – Article 29(2) of the Constitution – Passport as Property – Reasonableness of Bail Conditions
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25 June 2025 |
Revision – Private Prosecution – Insulting the Modesty of a Woman – Jurisdiction – Prima Facie Case – Duty of Candour – Electronic Evidence – Recusal – Freedom of Expression – High Court Supervisory Powers – Application Dismissed – Proceedings to Resume
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24 June 2025 |
Criminal Procedure – Recusal – Judicial Impartiality – Reasonable Apprehension of Bias – Private Prosecution – Prima Facie Case – Stay of Proceedings – Double Reasonableness Test
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18 June 2025 |
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Bail pending appeal granted where non-violent conviction, fixed abode, compliant history and substantial sureties reduce flight risk.
Bail pending appeal; discretion under Trial on Indictment Act and Constitution; Bail Guidelines (Practice Directions 2022); factors: character, fixed abode, non-violent offence, appeal not frivolous, risk of delay; substantial sureties; non-cash bond conditions.
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18 June 2025 |
Private prosecution—revision—allegations of forgery and uttering false documents by advocates—trial magistrate failed to consult local chief adequately and lacked basis for prima facie case—irregular charge sheet not signed by magistrate—Chief Magistrate’s order quashed
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2 June 2025 |
| May 2025 |
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Appellate court reduced excessive ten-year sentence after finding failure to allow challenge to evidence and failure to deduct remand time.
* Criminal law – Sentencing – Magistrate’s inquiries under section 133(2) – accused’s right to be heard and to challenge testimony relied upon at sentencing.
* Sentencing – Remand period – mandatory mathematical deduction from custodial sentence; ambiguity in general statements unacceptable.
* Sentencing appeals – appellate interference where wrong principle, failure to consider material facts, or manifestly excessive sentence.
* Wildlife offences – aggravating factor: protection of endangered species and need for deterrent sentences.
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15 May 2025 |
Criminal Law—Obtaining registration by false pretences—Section 292 Penal Code Act—land transfer by elderly stroke victim—gift deed as license—medical and registry evidence not properly adduced—defective prosecution—contradictory defence evidence—failure to prove inducement beyond reasonable doubt—conviction quashed—fine refunded
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14 May 2025 |
| April 2025 |
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Bail—mandatory bail—prolonged detention without trial—over 4 years' detention—jurisdiction of military courts—civilian before General Court Martial—abuse of process—application of Article 23(6)(c) Constitution—mandatory grant of bail—terms and conditions of release.
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17 April 2025 |
Criminal law—bail—treason—misprision of treason—advanced age—substantial sureties—fixed place of abode—exceptional circumstances—pending charges—interference with investigations—discretion—national security—denial of bail
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11 April 2025 |
Criminal law—private prosecution—insulting the modesty of a woman—jurisdiction—freedom of expression—prima facie case—revision—stay of proceedings—role of the magistrate—constitutional protections—abuse of process
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11 April 2025 |
Bail pending appeal—jurisdiction—military court—civilian convict—constitutional safeguards—Supreme Court ruling—Kabaziguruka doctrine—legislative lacuna—equitable jurisdiction—substantial delay—likelihood of success—exceptional circumstances—bail granted
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4 April 2025 |
| March 2025 |
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13 March 2025 |
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8 March 2025 |
| February 2025 |
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25 February 2025 |
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25 February 2025 |
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21 February 2025 |
Bail application—presumption of innocence—exceptional circumstances—grave illness—advanced age—substantial sureties—flight risk—pending trial—discretion of court—public interest
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21 February 2025 |