|
Citation
|
Judgment date
|
| December 2020 |
|
|
Conviction based on an equivocal guilty plea and mismatched facts was quashed; sentence set aside and appellant released.
Criminal procedure – plea of guilty – plea must be an unequivocal admission of all essential elements – magistrate must explain ingredients of offence and record accused's admissions – inconsistency between particulars and brief facts invalidates plea – conviction and sentence quashed for irregular proceedings.
|
30 December 2020 |
|
Court imposed 20‑year terms each for two murder convictions, declining death sentence due to mitigating factors and reform prospects.
Criminal law – Murder – Sentence – Whether to impose death or custodial sentence – Mitigating factors (age, first‑offender status, prospects of reform) – Remand credit in sentencing.
|
30 December 2020 |
|
Reliable identification required for conviction; one accused acquitted for weak ID, the other convicted, sentenced, and ordered to pay compensation.
* Criminal law – Aggravated robbery – elements: theft, violence/threat, possession of deadly weapon, and participation. * Evidence – identification: caution required where case depends on single identifying witness; consider opportunity to observe, light, familiarity, duration and consistency of statements. * Defence – alibi: burden remains on Prosecution to displace alibi. * Sentence – custodial term, remand credit, statutory compensation and post-release police supervision.
|
18 December 2020 |
|
Accused’s dragging and driving over the victim established unlawful killing with malice aforethought.
Criminal law – Murder – Elements: proof of death, unlawfulness and malice aforethought; proof by eyewitnesses and post‑mortem; accident as defence; malice inferred from nature and extent of injuries and accused’s conduct; flight from scene as indicium of guilt.
|
16 December 2020 |
|
Applicant charged with aggravated defilement granted bail subject to bond, sureties and monthly reporting.
Bail — Application under Trial on Indictments Act and Article 23(b) — Considerations: risk of absconding, interference with evidence, fixed abode, substantial sureties — Bail granted with cash bond and surety bonds, monthly reporting requirement.
|
15 December 2020 |
|
Court convicted the accused of aggravated defilement, finding the prosecution proved act, age and identity and sentenced him to 14 years (9 years 11 months remaining).
* Criminal law – Aggravated defilement – Elements: sexual act, victim under 14, identity of accused – proof beyond reasonable doubt; corroboration by victim, guardian and medical report. * Evidence – child testimony and corroboration by grandmother and medical examination. * Sentencing – aggravating v. mitigating factors; remand credit.
|
10 December 2020 |
|
Accused convicted of rape: identity and lack of consent proven; sentenced to 20 years imprisonment after remand credit.
Criminal law – Rape – Elements: carnal knowledge, lack of consent, participation – Medical PF3A and signs of struggle as corroboration – Identification evidence (multiple witnesses, lighting, naming, phone link) – Alibi contradictions – HIV status and prolonged detention of victim as aggravating factors – Sentence with remission for remand.
|
4 December 2020 |
| November 2020 |
|
|
Adjournment for unregulated traditional reconciliation and late plea bargaining denied to protect the accused’s right to a speedy, equitable trial.
Criminal procedure – Adjournment applications; Plea bargaining – timing, scope and limits after trial commencement; Restorative justice (mato oput) – complementary role to formal justice and lack of regulatory safeguards; Constitutional right to a fair and speedy trial – balancing individual rights with public interest and judicial economy.
|
9 November 2020 |
| October 2020 |
|
|
High Court upheld magistrate’s reconciliation-made maintenance order, dismissing challenge that criminal court lacked jurisdiction.
Revision — High Court supervisory powers; Magistrates Courts Act s.160 reconciliation; Penal Code s.157 neglect to provide for a child; jurisdiction to make maintenance/compensation orders in criminal reconciliation; discretionary approval of terms to meet victims’ needs.
|
16 October 2020 |
|
Accused convicted of murder by arson: setting occupied house alight established malice and responsibility, sentenced to life imprisonment.
* Criminal law – Murder by arson – elements: death, unlawfulness, malice aforethought, and responsibility. * Arson – setting occupied dwelling ablaze constitutes malice when death to occupants is foreseeable. * Circumstantial evidence and conduct after the event can establish responsibility. * Alibi defence does not shift burden; fails if it does not raise reasonable doubt.
|
8 October 2020 |
|
Bail granted where accused was traceable, had credible sureties and an unrebutted recantation by the victim's mother.
Criminal law – Bail pending trial – Traceability, adequate sureties and community ties – Weight of victim’s recantation – Benefit of doubt at bail stage – Aggravated defilement (s.129(3) & (4)(a) Penal Code).
|
1 October 2020 |
| September 2020 |
|
|
Court convicted one accused of murder on corroborated sniffer‑dog, dying declaration and conduct; six others acquitted for insufficient evidence.
Criminal law – murder — elements: death, unlawfulness, malice aforethought, participation; circumstantial evidence — standard and caution; dying declaration — admissibility and need for corroboration; canine/sniffer dog tracking — admissibility, prerequisites and caution; telephone call logs without recorded conversations — limited probative value; flight/disappearance and post‑incident conduct as corroboration; alibi — prosecution must negative it.
|
17 September 2020 |
|
|
16 September 2020 |
|
Applicants charged with murder granted bail pending trial due to age, chronic illness, residence and adequate sureties.
* Criminal law – Bail pending trial – Application under Sections 14 and 15 TIA and Article 23(6) Constitution – Medical vulnerability and age as factors favouring bail; COVID-19-related trial delays and adequacy of sureties.
|
7 September 2020 |
|
Whether respondent proved ownership, trespass, and entitlement to vacant possession and general damages.
* Land law – ownership by purchase – evidential value of sale agreements and handwriting expert report – forgery allegations. * Civil procedure – appellate re-hearing – evaluation of inconsistencies and weight of witness testimony. * Trespass – unlawful entry after sale. * Damages – general damages for loss of use and deprivation of investment opportunity.
|
4 September 2020 |
| August 2020 |
|
|
Applicant succeeds: respondent’s coronation and appointments declared void; injunction restraining him from acting as King of Ankole.
Customary law – Traditional/cultural leaders – Article 246 Constitution – Proof of customary succession – Expert evidence and judicial notice – Recognition under Traditional or Cultural Leaders Act – Declaratory relief and permanent injunctions.
|
27 August 2020 |
|
The court exercised sentencing discretion for aggravated robbery, crediting remand time and imposing 7 years 11 months 17 days plus compensation.
* Criminal law – Aggravated robbery – sentencing – interplay between Sentencing Guidelines and judicial discretion; * Death penalty – not mandatory; application of Attorney General v Suzan Kigula; * Mitigation – guilty plea, first offender status, recovery of property, family responsibilities; * Remand credit – setting off time spent on remand against sentence; * Compensation to victim ordered.
|
14 August 2020 |
| July 2020 |
|
|
An accused charged with aggravated defilement may obtain bail where investigations are complete and sureties are credible.
Criminal procedure – Bail pending trial; aggravated defilement – presumption of innocence; fixed abode proof – national IDs and LC letters sufficient; lack of title/utility bills not determinative; exceptional‑circumstances requirement displaced; sufficiency of sureties; bail conditions (cash bond, surety bonds, monthly reporting).
|
30 July 2020 |
| March 2020 |
|
|
A1 convicted of murder based on eyewitness identification, postmortem and exhibits; A2 and A3 acquitted for lack of corroborative evidence.
Criminal law – Murder – elements: death, unlawful act, malice aforethought and responsibility; Identification evidence – single identifying witness and corroboration; Admissible postmortem and exhibits; Insufficiency of hearsay/circumstantial evidence to convict co-accused; Remand credit on sentence.
|
4 March 2020 |
| February 2020 |
|
Jurisdiction—cyber Harassment—digital footprint evidence—fair trial rights—non-derogable rights violation—witness summons compliance—visual-audio link procedure—constitutional interpretation of fair trial provisions—burden of proof in criminal appeals—application of Section 11(2) Human Rights Enforcement Act
|
20 February 2020 |
|
Appellate court set aside both conviction and acquittal after finding the trial court lacked jurisdiction under the Computer Misuse Act.
* Computer Misuse Act (2011) – Cyber Harassment (s.24) and Offensive Communications (s.25) – elements: wilful and repeated electronic communication and disturbance of peace/ privacy with no legitimate purpose. * Burden and standard of proof – prosecution must prove every ingredient beyond reasonable doubt. * Jurisdiction – lack of trial court jurisdiction vitiates proceedings and may require setting aside convictions and acquittals. * Appellate review – duty to re‑evaluate evidence but constrained by jurisdictional and procedural defects.
|
20 February 2020 |
|
|
17 February 2020 |
|
|
17 February 2020 |