HC: Criminal Division (Uganda)

The Criminal Division is Responsible for hearing all serious criminal offences referred to it by the Magistrates' Courts. According to the Principal Judge's Circular, except for Commercial Court Judges who must attend to only Commercial Court cases, the rest of the Judges of the High Court who are based in Kampala are members of the Criminal Division irrespective of the other Divisions of the High Court that they belong to.

Each of the above judges is supposed to do, at least, one High Court Criminal Session in a year at Kampala

Physical address
High Court Building at Plot 2, the Square.
114 judgments
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114 judgments
Citation
Judgment date
December 2021
Appellant’s conviction for counterfeiting upheld where accomplice evidence, exhibits and conduct proved intent; sentence affirmed.
Trademarks Act s.71 – elements of offence (valid mark; forgery/counterfeit; intent to defraud; participation) – intention inferred from conduct and surrounding circumstances – accomplice evidence admissible and may be relied upon where corroborated – conviction and sentence affirmed.
27 December 2021
Applicant's conviction for counterfeiting a trade mark and one-year sentence upheld; accomplice evidence corroborated.
Trademark law – forgery/counterfeiting (s.71 Trademarks Act) – elements: valid mark, counterfeit, intent to defraud, participation; intention inferred from conduct and unchallenged evidence; accomplice evidence admissible where corroborated by independent physical exhibits and conduct; sentencing discretion – economic harm and cross-border impact relevant.
27 December 2021
Bail denied where sureties were inadequate and applicant’s fixed abode lay outside the court’s jurisdiction for a serious offence.
Bail — constitutional right and presumption of innocence; discretion under Trial on Indictments Act ss.14–15; exceptional circumstances not mandatory; adequacy and locality of sureties; fixed abode and risk of absconding; seriousness of offence (aggravated defilement) relevant to bail refusal.
20 December 2021
Bail denied where two sureties were unreliable and the gravity of the alleged offence outweighed release.
Bail pending trial; presumption of innocence; Trial on Indictments Act s14–s15; proof of residence by LC1 introductory letter; substantiality and credibility of sureties; seriousness of offence (kidnap with intent to murder).
17 December 2021
A promise of future action (logbook transfer) is not a false pretence; loan dispute was civil, conviction quashed.
Criminal law – Obtaining money by false pretence – elements of offence – statement of future intention does not amount to false pretence; loan/mortgage disputes are civil matters and should not be criminalized; prosecution must prove all ingredients beyond reasonable doubt.
17 December 2021
A accused charged with aggravated defilement on long remand granted bail where fixed abode and substantial sureties dispel absconding risk.
Bail – constitutional right to personal liberty and presumption of innocence – Trial on Indictments Act s.14/15 – exceptional circumstances not mandatory – fixed abode and sound sureties as safeguards against abscondment – aggravated defilement does not automatically preclude bail.
17 December 2021
Court refused bail for an accused on murder and aggravated robbery charges, prioritising public safety and flight risk over liberty.
* Criminal procedure – Bail pending trial – Discretion under Article 28(3) Constitution and section 14(1) Trial on Indictments Act – seriousness of offence and flight risk as grounds for refusal. * Bail conditions – fixed place of abode and sureties – residence of sureties within jurisdiction sufficient; different locality not fatal. * Exceptional circumstances – not always mandatory to grant bail in capital cases; court exercises discretion having regard to public safety and likelihood of abscondment.
17 December 2021
Unrebutted email service and failure to notify court bar setting aside a ruling for alleged non‑service.
Criminal procedure — Service of written submissions by email — Proof of service (Annexure A) — Denial of email ownership without cogent contrary evidence — Duty to notify court of defective service — Waiver by non‑attendance at ruling — Discretionary remedies under Judicature Act and Article 28 — Dismissal for abuse/delay.
14 December 2021
An omnibus stay/bail application alleging torture was partly struck out and the stay dismissed for insufficient, hearsay‑based evidence.
Criminal procedure – stay of prosecution – allegations of torture and excessive pre‑trial detention – interlocutory affidavit evidence insufficient; omnibus applications improper; serious human‑rights complaints to be determined at trial under Human Rights Enforcement Act.
3 December 2021
Failure to provide state counsel and ensure the applicant understood the charges invalidated the trial, necessitating a retrial.
Criminal procedure – Right to legal representation under Art 28(3)(e) – State duty to provide counsel where offence attracts life imprisonment irrespective of request; Plea-taking – requirement that accused understands charges and interpreter competence be established; Defective trial – plea equivocal and miscarriage of justice necessitating retrial.
2 December 2021
Proceeding without assigned counsel and without ensuring understanding of charges rendered the plea unsafe; retrial ordered.
* Constitutional criminal procedure – right to state-funded legal representation where offence carries life imprisonment – mandatory duty to inform and assign counsel irrespective of accused’s request. * Plea-taking – duty to ensure accused understands charges and to vet interpreter competence; conviction on equivocal plea is unsafe. * Remedy – illegal or defective trial warrants retrial.
2 December 2021
Failure to provide mandatory state counsel and ensure comprehension of charges rendered the trial illegal; retrial ordered.
Criminal procedure – right to State-funded counsel under Art 28(3)(e) where offence attracts life imprisonment; duty to appoint counsel irrespective of request; plea-taking and interpreter competence – court must ensure accused understands charges (Adan v Republic); defective trial → retrial ordered.
1 December 2021
November 2021
17 November 2021
Bail refused where trial had commenced, applicant failed to show exceptional circumstances and sureties were inadequate given his office.
* Criminal procedure – Bail – Discretion under section 14(1) Trial on Indictments Act – Exceptional circumstances not mandatory but relevant. * Bail – Factors – commencement of trial and testimony of witnesses, risk of over-detention. * Bail – Sureties – adequacy depends on capacity to control accused; status of sureties relative to accused relevant. * Constitutional law – Right to personal liberty and presumption of innocence balanced against public interest in prosecution of serious offences (murder).
11 November 2021
Appellants’ convictions for nighttime arson upheld: identification reliable, contradictions minor, sentence not excessive.
Criminal law – Arson – proof of building destroyed by fire and willful participation; Identification – eyewitness identification at night, factors (familiarity, light, proximity, duration); Contradictions – minor inconsistencies not necessarily fatal; Alibi – prosecution's burden to disprove; Sentence – appellate interference only if illegal, wrong principle, or manifestly excessive.
5 November 2021
October 2021
8 October 2021
Appeal dismissed because respondents were never served and proceedings could not fairly continue in their absence.
Criminal procedure – Service of process on respondents in an appeal – Repeated adjournments for service – Failure to serve respondents and unserved submissions – Dismissal of appeal in interest of justice.
7 October 2021
Appeal dismissed because respondents were never traced or served, preventing fair continuation of proceedings.
Criminal appeal; service of appeal documents; failure to trace or serve respondents; repeated adjournments; dismissal for inability to proceed fairly.
7 October 2021
Pending appeal dismissed unless appellant traces and effects service on the absent respondent so matter can be heard.
Criminal appeal procedure – service and attendance of respondent – interest of justice – appellant required to trace and effect service before hearing; failure to do so leads to dismissal.
7 October 2021
Appeal dismissed unless appellant traces and serves untraceable respondent; hearing requires all parties present.
Criminal procedure – Service of appeal documents – Duty to serve/respondent untraceable – Dormancy of appeal – Interest of justice – Dismissal for failure to effect service.
7 October 2021
High Court cannot use revision to challenge interlocutory bail orders; civil and criminal proceedings may proceed concurrently.
* Criminal procedure – Revision – Sections 48 and 50(5) CPCA – Revision limited to final orders; interlocutory bail rulings not revisable. * Bail – cancellation discretionary; absence of record showing bail conditional on production of title deed. * Evidence – claim of right is a defence to be proved at trial. * Civil vs criminal proceedings – may proceed concurrently; pending civil suit does not automatically stay criminal prosecution.
4 October 2021
Revision cannot challenge interlocutory bail orders; criminal and civil proceedings may proceed concurrently.
Criminal procedure – Revision under ss.48 and 50(5) CPCA limited to final orders – Interlocutory bail orders not revisable; concurrent civil and criminal proceedings permissible; claim of right is a trial defence.
4 October 2021
Revision cannot be used to challenge interlocutory magistrates’ orders; civil and criminal proceedings may proceed concurrently.
Criminal procedure — Revision — Revisional jurisdiction under ss.48 and 50(5) CPCA limited to final orders; interlocutory orders (e.g., bail, production of documents) are not revisable; concurrent civil and criminal proceedings permissible; claim of right is a defence to be proven at trial.
4 October 2021
September 2021
Appellate court reduced an excessive cumulative six-year sentence for multiple thefts to shorter consecutive terms.
Criminal law – Sentencing – appellate interference with discretionary sentence – manifestly excessive or miscarriage of justice; Consecutive sentences – Magistrates Courts Act s.192(1); aggregate treatment on appeal – Trial on Indictments Act s.2(3); mitigating factors – guilty plea, first offender status, value of property.
23 September 2021
Appellate court reduced excessive cumulative consecutive sentence, confirming one term and reducing two others while keeping them consecutive.
* Criminal law – Sentencing – Discretion of trial court – Appellate interference only where sentence is unlawful, manifestly excessive or wrong in principle. * Statutory default – Consecutive sentences – Section 192(1) Magistrates Courts Act; aggregation of consecutive sentences for appeal. * Mitigation – Guilty plea and first offender status as factors in reducing sentence. * Sentence revision – Confirmation and reduction of individual terms while preserving consecutiveness.
23 September 2021
Appellate court reduced cumulative six-year sentence for three theft convictions as manifestly excessive, revising two terms to 1.5 years.
Criminal law – Sentencing – Appellate interference with sentencing discretion – Consecutive sentences – Treatment of aggregate sentence on appeal – Factors: guilty plea, first offender status, value of stolen property.
23 September 2021
Appellate court reduced cumulative consecutive sentences as excessive, confirming one term and reducing two others while keeping them consecutive.
* Criminal law – Sentencing – Consecutive sentences – Default rule that sentences run consecutively (Magistrates Courts Act s192(1)). * Appeal – Interference with sentencing discretion – Only where sentence is manifestly excessive/lenient, wrong in principle, or relevant factors ignored (Kiwalabye principle). * Trial on Indictments Act s2(3) – Aggregation of consecutive sentences for appeal purposes. * Mitigation – weight of guilty plea and first‑offender status in sentencing.
23 September 2021
Medical evidence of penetration without corroboration linking the juvenile to the acts failed to establish a prima facie case.
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act, participation by accused. * Procedure – Trial on Indictments Act s.73(1) – test for prima facie case at close of prosecution. * Evidence – unsworn child testimony requires corroboration to establish accused’s participation. * Forensic evidence of penetration, without corroborative linkage to accused, insufficient to sustain conviction.
21 September 2021
Insufficient corroboration of unsworn child testimony led to acquittal for lack of prima facie case.
Criminal law – Aggravated defilement; s.73 Trial on Indictments Act – prima facie test; unsworn child evidence and requirement of corroboration; medical evidence proves sexual act but not identity/participation; standard of proof beyond reasonable doubt.
21 September 2021
A child remanded beyond the Children Act’s three-month limit must be considered for bail with appropriate safeguards.
Children Act – s90 and s91(5) – mandatory maximum remand of three months for a child charged with an offence punishable by death; constitutional right to apply for bail; presumption in favour of release of children; safeguards on release – court bond sureties, Registrar’s examination, probation and social welfare inquiry.
19 September 2021
A child remanded beyond the Children Act’s three-month limit for a death-eligible offence must be released on bail with safeguards.
- Children Act – remand of child charged with death-eligible offence – mandatory maximum remand of three months per s.91(5); - Bail – constitutional right to apply for bail (Art.23(6)(a)) and paramountcy of avoiding institutional detention for children; - Conditions for juvenile bail – own recognisance, sureties on court bond (not cash), registrar examination, probation and social welfare inquiry and report.
19 September 2021
A child charged with a capital offence remanded beyond the statutory three-month limit must be considered for bail with safeguards.
Children Act – Bail and remand limits for children charged with capital offences; mandatory three-month remand ceiling; bail on recognisance; safeguards of sureties, Registrar examination and Probation/Social Welfare inquiry.
19 September 2021
Remand exceeding 120 days is unreasonable detention; High Court may order release on appropriate non-cash bail and bonded sureties.
Human Rights (Enforcement) Act s.15 — unreasonable detention — remand exceeding 120 days; Constitution art.23(6)(b) — mandatory bail with reasonable conditions; Magistrates Courts Act s.75(4)(a)/s.76 — High Court power to vary bail; bail conditions — cash versus bonded sureties; right to fair trial and timely prosecution.
16 September 2021
Five accused convicted of aggravated robbery, arson, malicious damage and trespass; attempted murder and indecent assault not proved.
* Criminal law – Aggravated robbery – elements: theft, violence/threat, deadly weapon, participation – proof beyond reasonable doubt by eyewitnesses and police photographs. * Criminal law – Arson and malicious damage – photographic and eyewitness evidence admissible and sufficient absent valuation. * Property offences – Criminal trespass – actual possession and intent to intimidate/commit offences. * Criminal law – Doctrine of common intention (s.20 PCA) – liability where a common unlawful purpose exists or develops. * Evidence – Alibi must be raised early; afterthought alibi may be rejected. * Attempted murder/indecent assault – specific perpetrator and requisite intent must be proved beyond reasonable doubt.
15 September 2021
August 2021
An interlocutory deferral of preliminary objections is not appealable to the High Court; revision, not appeal, is the proper remedy.
* Criminal procedure – Appealability – Interlocutory/discretionary orders deferring rulings on preliminary points are not appealable to the High Court under s.216. * Remedy – Revision, not appeal, is the appropriate procedure to challenge irregular or illegal interlocutory orders. * High Court jurisdiction – Competence to hear appeals limited to final decisions.
16 August 2021
Daylight mob-lynching: identification and common intention established five accused guilty of murder, each sentenced to life imprisonment.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought; Identification evidence – reliability in daylight, witness familiarity; Common intention – Section 20 P.C.A. – liability of participants in mob lynching; Alibi – afterthought doctrine; Sentence – life imprisonment in aggravated mob-lynching.
5 August 2021
Court convicted two accused of murder on confessions and circumstantial evidence, but acquitted them of aggravated robbery.
* Criminal law – Murder – Elements: death, unlawful killing, malice aforethought, participation. * Evidence – Charge and caution statements/confessions – admissibility, voluntariness and corroboration. * Criminal law – Common intention (s.20 P.C.A.) – inference from conduct and circumstantial evidence. * Criminal law – Aggravated robbery – necessity to prove theft and ownership as essential elements.
5 August 2021
High Court cannot revise interlocutory magistrate rulings; civil suits do not stay related criminal proceedings.
* Criminal procedure – Revision – Sections 48 and 50 CPCA – Revisional jurisdiction limited to final orders; interlocutory rulings not revisable. * Prosecutorial discretion – Article 120 Constitution – DPP’s mandate to prefer and amend charges, and control investigations. * Criminal & civil proceedings – Concurrent proceedings – Filing civil suit does not automatically stay criminal trial.
4 August 2021
High Court dismissed revision seeking stay of criminal trial pending civil suits, holding interlocutory rulings non-revisable.
Revision — interlocutory rulings not revisable; Prosecutorial discretion under Article 120 — courts do not pre-emptively interfere with preferring or amending charges; Civil and criminal proceedings may proceed concurrently; Sections 17, 48 and 50 — limits of High Court supervisory/revisional powers.
4 August 2021
High Court cannot revise interlocutory magistrate rulings; civil suits do not automatically stay related criminal prosecutions.
Criminal procedure – Revision – Revisional jurisdiction limited to final orders; interlocutory magistrates’ rulings are not revisable. Prosecutorial powers – Article 120 DPP may institute and amend charges; absence of charge-and-caution statements or disclosed investigation report not a ground to stay prosecution. Civil and criminal proceedings – Distinct processes; filing civil suit does not automatically stay related criminal trial.
4 August 2021
Interlocutory magistrate rulings are not revisable; criminal and civil proceedings may proceed concurrently.
* Criminal procedure – Revision – Scope of revisional jurisdiction under Sections 48 and 50 CPCA – interlocutory orders not revisable. * Constitutional and prosecutorial powers – Article 120 – DPP’s discretion to prefer and amend charges; prosecutorial conduct ordinarily not curtailed pre-trial. * Civil and criminal proceedings – concurrent proceedings permissible; filing civil suit does not automatically stay criminal trial. * Procedural complaints (lack of charge/caution statements, non‑disclosure of investigation report) to be addressed during trial rather than by pre‑trial revision.
4 August 2021
Interlocutory rulings (e.g., charge-sheet amendment) are not appealable under the Magistrates Courts Act; appeal dismissed.
* Criminal procedure – interlocutory orders – amendment of charge sheet – no statutory right of appeal under section 204 of the Magistrates Courts Act; appeals lie only against conviction or acquittal.
4 August 2021
Improper plea-taking (failure to explain mens rea) led to quashing murder conviction and substitution with manslaughter and reduced sentence.
Criminal procedure – plea of guilty – requirement to explain elements of offence (mens rea) before accepting plea; defective indictment particulars – manslaughter versus murder; miscarriage of justice and retrial; sentencing discretion and deduction of remand time.
4 August 2021
June 2021
Interlocutory 'no case' rulings are not revisable; civil and criminal proceedings may proceed concurrently.
Criminal procedure – Revision – Interlocutory orders (no‑case-to‑answer) are not revisable; revision confined to final orders. Criminal v civil proceedings – Distinct remedies; criminal and civil cases may proceed concurrently; pending civil suit does not automatically stay criminal prosecution. Accused’s claim of right must be raised and proved in defence or civil suit; DPP retains prerogative to institute or discontinue prosecutions.
23 June 2021
The applicant cannot seek revision of an interlocutory 'no case to answer' ruling; civil and criminal matters may proceed concurrently.
Criminal procedure — Revision — Revision confined to final orders; interlocutory 'no case to answer' rulings not revisable. Civil v criminal — Concurrent proceedings allowed; pending civil suit not an automatic stay of criminal prosecution. Defence of claim of right — Ownership disputes to be raised and proved at trial. Prosecutorial discretion — DPP retains prerogative to prefer and maintain criminal charges.
23 June 2021
Appellate court confirmed nuisance and unlawful boarding-extension convictions based on unchallenged inspection reports and photographs.
Public Health Act (s57) – common nuisance – insanitary/dilapidated premises; Education Act (s38, s40(c)) – unlawful administration of school extension/boarding without permission; evidentiary weight of local authority inspection reports and photographs where authenticity not specifically challenged; appellate re-evaluation of trial evidence and standard of proof beyond reasonable doubt.
17 June 2021
Appellate court confirmed convictions for nuisance and unlawful boarding extension based on inspection reports and photographs.
* Public Health Act – nuisance – premises so dirty, dilapidated or overcrowded as to be injurious to health – inspection reports and photographs as evidence. * Education Act 2008 – administering or permitting an unapproved boarding extension – requirement to seek classification/approval. * Criminal appellate review – duty to re-evaluate evidence, allowance for not having seen/heard witnesses. * Locus visit – relevance and effect where trial magistrate visited and appellant admitted same. * Evidentiary principle – failure to specifically challenge inspection reports/photographs treated as acceptance.
17 June 2021
Appeal dismissed; convictions for public health nuisance and unapproved boarding extension confirmed.
Public Health Act (s.57) – what constitutes a nuisance; Education Act (s.40(c)) – administering an extension/boarding section without permission; admissibility and probative value of inspection reports and photographic exhibits; appellate re-evaluation of trial evidence and effect of failure to challenge documentary evidence.
17 June 2021
Appellate court confirmed convictions for public-health nuisance and unlicensed boarding based on inspection reports and photographs.
Criminal law – nuisance under Public Health Act (s.57) – sufficiency of inspection reports and photographic evidence; Education Act 2008 (s.40(c)) – administration of unlicensed boarding extension; appellate review – locus visit and re-evaluation of evidence.
17 June 2021
Appellate court affirmed theft conviction: property, conversion and participation proven; confession admissible; contradictions immaterial.
* Criminal law – Theft – elements: property, fraudulent conversion, participation – proof beyond reasonable doubt. * Evidence – Admission of charge and caution statement – requirement to exclude for violence, threat, inducement or promise; mere name‑order objection insufficient. * Evidence – Failure to cross‑examine on material facts permits inference of acceptance; photographs admissible to prove stock existence. * Evidence – Inconsistencies and delay that are minor do not necessarily vitiate otherwise corroborated prosecution case.
14 June 2021