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

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10 judgments

Citation	Judgment date
January 2024
Habib Buwembo v Uganda (Criminal Appeal 49 of 2023) [2024] UGHCCRD 4 (31 January 2024) An appeal filed outside the 14-day statutory period without leave or extension is incompetent and dismissed. Criminal procedure — Appeals — Time limits under section 28 Criminal Procedure Code Act — Notice of appeal and grounds to be filed within 14 days or within 14 days of service of record where requested — Court may extend time for good cause — Failure to apply for extension/leave renders appeal incompetent.	31 January 2024
Tumusiime Ashiraf v Uganda (Criminal Appeal 61 of 2023) [2024] UGHCCRD 5 (31 January 2024) Appeal dismissed as incompetent where notice was late and no memorandum, record request, or extension application was filed. Criminal procedure – appeals – Notice of Appeal – time limit under section 28 – requirement to state grounds or request lower court record. Criminal procedure – appeal competence – necessity of filing memorandum of appeal or requesting record and lodging grounds within statutory periods. Extensions – section 31 applications to enlarge time – affidavit and good cause requirement. Constitutional duty – Article 126(2)(e) and the need to show a plausible or arguable appeal to favour substantive justice.	31 January 2024
Ziwa Herbert v Uganda (Criminal Appeal 132 of 2022) [2024] UGHCCRD 6 (31 January 2024) An out-of-time appeal from a guilty plea was summarily dismissed; conviction cannot be appealed absent a challenge to plea legality. Criminal procedure – Appeal – Summary dismissal under s.32(1)(b) Criminal Procedure Code Act; Appeal out of time – s.28 and s.31(1); Guilty plea – appeals against conviction barred except on legality of plea or extent/legality of sentence (s.204(3) Magistrates’ Court Act; s.132(3) Trial on Indictment Act); Sentence not excessive.	31 January 2024
Omirambe Benjamin v Uganda (Criminal Appeal 48 of 2021) [2024] UGHCCRD 8 (25 January 2024) The appellant's appeal against a five-year defilement sentence was dismissed; guilty plea and remorse did not warrant leniency. Criminal law – Sentencing – Appeal against sentence following guilty plea – Limits of appellate interference; mitigating factors (guilty plea, remorse, first offender) versus aggravating factors (violence, breach of trust, pregnancy, need for deterrence) – Defilement (Penal Code s.129) – Five-year sentence upheld as not manifestly excessive.	25 January 2024
Uganda v Katanga & Others (Criminal Revision 43 of 2023) [2024] UGHCCRD 1 (24 January 2024)	24 January 2024
Kaaya Vicent v Uganda (Criminal Miscellaneous Application 409 of 2023) [2024] UGHCCRD 3 (23 January 2024) Amendment of charges does not automatically cancel bail; cancellation requires breach or compelling grounds and evidence of flight risk. Criminal procedure – Bail – High Court’s power under section 75(4) Magistrates Courts Act to grant or vary bail where magistrate refused or cancelled bail. Bail – Cancellation – requires compelling reason or breach of conditions; mere amendment of charge sheet does not automatically revoke bail unless jurisdictional/serious change. Factors – prior compliance with bail, fixed abode, and evidence of flight risk are relevant.	23 January 2024
Sebagula Aron v Uganda (Criminal Appeal 19 of 2023) [2024] UGHCCRD 7 (23 January 2024) Appeal upheld in part: trespass conviction affirmed; malicious damage, forgery and uttering convictions quashed; remand time deducted. Criminal law – criminal trespass – proof of intentional entry – direct and circumstantial identification evidence. Evidence – hearsay – uncalled witness (caretaker) – inadmissibility and effect on malicious damage charge. Procedure – amendment of charge under s.132 MCA – duty to inform accused of right to recall witnesses and adduce further evidence; failure amounts to miscarriage of justice. Forgery and uttering – requirement to prove document was made by accused and need for handwriting/possession evidence or expert evidence. Sentencing – requirement under Article 23(8) to deduct remand time arithmetically.	23 January 2024
Uganda v Ssemwogerere Ronald (Criminal Session Case 651 of 2019) [2024] UGHCCRD 2 (17 January 2024) Accused convicted of aggravated robbery based on reliable identification, proof of theft and medical evidence of grievous harm. Criminal law – Aggravated robbery – ingredients: theft, actual violence or grievous harm, and participation. Evidence – Identification – reliability of single witness identification; factors: familiarity, time observed, lighting, and absence of malice. Evidence – Medical evidence (PF3) corroborating grievous bodily harm. Defence – Alibi: accused must account for time to render alibi credible; prosecution must disprove alibi to meet standard beyond reasonable doubt.	17 January 2024
Zhang and Another v Uganda (Miscellaneous Criminal Application 39 of 2023) [2024] UGHCCRD 17 (10 January 2024) A Computer Misuse Act warrant cannot authorize seizure for alleged fraud or embezzlement; the applicant's phone must be returned. Criminal procedure – Revision and supervisory jurisdiction of the High Court – Magistrate’s warrant under Computer Misuse Act – Jurisdictional limits where alleged offences are not computer misuse offences – Seizure and retention of devices; statutory 72‑hour return rule (section 28(8)).	10 January 2024
In the matter of an application to conduct a private investigation under the Magistrates Court Act by Kirunda(Lawful Attorney of vantage and fund 11 (Criminal Revision Application 24 of 2022) [2024] UGHCCRD 9 (8 January 2024)	8 January 2024