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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.
Visit website
https://judiciary.go.ug/data/smenu/13/Criminal%20Division.html
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8 judgments
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February 2024
Kakwanza Patricia & Others v Uganda (Miscellaneous Application 8 of 2024) [2024] UGHCCRD 12 (21 February 2024)
21 February 2024
Kigongo v Uganda (Criminal Miscellaneous Application 7 of 2024) [2024] UGHCCRD 14 (20 February 2024)
20 February 2024
Kawanguzi v Uganda (Criminal Miscellaneous Application 426 of 2023) [2024] UGHCCRD 13 (19 February 2024)
Bail pending appeal denied where applicant proved abode and sureties but failed to substantiate insanity claim and offence involved violence.
Criminal procedure — Bail pending appeal — Discretionary jurisdiction; factors: character, first offender, violence of offence, prospects of success, delay, compliance with bail conditions — Proof of fixed abode and substantial sureties — Mental illness pleaded as ground of appeal must be substantiated by recent medical evidence.
 19 February 2024
Mukalazi v Uganda (Criminal Revision 2 of 2024) [2024] UGHCCRD 15 (15 February 2024)
Failure to follow statutory forfeiture procedure and denial of show-cause hearing rendered surety's committal to civil prison unlawful.
Magistrates' Courts Act, s.83 – forfeiture of recognizance: requirement to record grounds, call on person bound to pay or show cause, issue warrant for attachment and sale before imprisonment; s.80 – discharge of surety; Constitutional right to fair hearing (Art.28) – opportunity to be heard; High Court revision powers under s.50(5) Criminal Procedure Code/ Magistrates' Courts Act and s.17 Judicature Act.
 15 February 2024
Nanteza v Uganda (Criminal Appeal 33 of 2023) [2024] UGHCCRD 10 (15 February 2024)
Appellate court upheld false‑pretence conviction, quashed intermeddling charge for lack of prosecutorial evidence.
Criminal law – Obtaining money by false pretences (Penal Code s.305) – elements: false representation, knowledge, intent, reliance and loss; Administrator General Act s.11 – intermeddling – prosecution must prove unlawful interference and call estate/Administrator General witnesses; Accomplice evidence – acquitted co‑accused called for defence not treated as accomplices; Compensation – s.197 MCA – material loss and discretionary award; Sentencing appellate review – interference only if manifestly excessive.
 15 February 2024
Oluka v Uganda (Criminal Appeal 32 of 2023) [2024] UGHCCRD 11 (15 February 2024)
Appellate court reduced sentence after deducting remand period and ordered restitution of UGX 18,000,000 with interest.
Criminal law – Obtaining money by false pretences – sentencing principles – sentencing guidelines starting point and range; deduction of remand under Article 23(8); ambiguity in sentencing reasons; appellate power to order compensation under section 34(2) and constitutional duty to victims.
 15 February 2024
Uganda v Masanja (Criminal Session Case 372 of 2022) [2024] UGHCCRD 18 (12 February 2024)
12 February 2024
Uganda v Ssebugwawo and Another (Criminal Session Case 818 of 2020) [2024] UGHCCRD 16 (2 February 2024)
Court admitted repudiated charge and caution statement, finding it voluntarily made and properly recorded.
Confession admissibility – trial within a trial to test voluntariness and authorship; Evidence Act ss.23–25; PF24 and credibility assessments; repudiated confessions; handwriting/signature comparison.
 2 February 2024