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

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High Court Building at Plot 2, the Square.

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https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html

12 judgments

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12 judgments

Citation	Judgment date
December 2021
Bedi v Uganda (Criminal Appeal 41 of 2021) [2021] UGHCCRD 59 (27 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
Bedi v Uganda (Criminal Appeal 41 of 2021) [2021] UGHCCRD 80 (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
Omach v Uganda (HCT-00-CR-CM 229 of 2021) [2021] UGHCCRD 44 (20 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
Bisaso v Uganda (HCT 05-CR-MA 181 of 2021) [2021] UGHCCRD 21 (17 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
Kavuma v Uganda (Criminal Appeal No. 38 of 2021) [2021] UGHCCRD 25 (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
Kizza v Uganda (HCT-00-CR-CM 72 of 2021) [2021] UGHCCRD 29 (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
Okanya v Uganda (HCT-CR-CA 189 of 2021) [2021] UGHCCRD 20 (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
Masengere v Uganda (Criminal Revision 108 of 2021) [2021] UGHCCRD 32 (14 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
Nakandi and Others v Uganda (Miscellaneous Criminal Application No. 83 of 2020) [2021] UGHCCRD 40 (3 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
Argueta Valasquez v Uganda (Criminal Appeal 27 of 2021) [2021] UGHCCRD 78 (2 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
Argueta v Uganda (Criminal Appeal 27 of 2021) [2021] UGHCCRD 111 (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
Argueta Luis v Uganda (Criminal Appeal 27 of 2021) [2021] UGHCCRD 57 (1 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