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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.
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https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
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8 judgments
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Judgment date
October 2021
Uganda v Bakole (Criminal Session 73 of 2019) [2021] UGHCCRD 19 (8 October 2021)
8 October 2021
Uganda v Mubuke and Another (Criminal Appeal 28 of 2017) [2021] UGHCCRD 76 (7 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
Uganda v Mubuke and Another (Criminal Appeal 28 of 2017) [2021] UGHCCRD 92 (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
Uganda v Namuyaba (Criminal Appeal 74 of 2019) [2021] UGHCCRD 77 (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
Uganda v Namuyaba (Criminal Appeal 74 of 2019) [2021] UGHCCRD 91 (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
Dbiba and Another v Uganda (Criminal Miscellaneous Application 5 of 2019) [2021] UGHCCRD 113 (4 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
Dbiba and Another v Uganda (Criminal Miscellaneous Application 5 of 2019) [2021] UGHCCRD 81 (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
Ddiba and Another v Uganda (Criminal Miscellaneous Application 5 of 2019) [2021] UGHCCRD 60 (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