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

12 judgments

Advanced search

All years

All months

Filters

Sort by:

12 judgments

Citation	Judgment date
October 2025
Ashish Patel v Uganda (Criminal Appeal No. 16 of 2025) [2025] UGHCCRD 62 (30 October 2025) The appellant’s conviction for theft was upheld; magistrate’s discretion and audit‑report admissibility affirmed, sentence reduced to four years. Criminal procedure – closure of defence – court discretion to close after repeated adjournments and failure to secure witnesses. Civil/administrative procedure – filing of revision does not automatically stay lower‑court proceedings unless ordered. Evidence – audit report admissible as expert opinion; lack of formal appointment or chain‑of‑custody affects weight not admissibility. Theft – proof of fraudulent intent may be inferred from systematic removal, false records and admissions. Sentencing – balancing custodial sentence with restitution; excessive custodial term reduced to facilitate rehabilitation and ability to pay compensation.	30 October 2025
Kamoga Umar v Uganda (Criminal Misc App No. 0655 of 2025) [2025] UGHCCRD 57 (30 October 2025) Prolonged pre-trial detention and suitable sureties justified granting bail with specified bonds and reporting conditions. Criminal procedure – Bail – Discretionary nature of bail under the Constitution and Bail Guidelines; prolonged pre-trial detention as factor favouring bail; suitability of sureties and appropriate bail conditions in aggravated robbery charge.	30 October 2025
Katongole Andrew v Uganda (Criminal Case 731 of 2025) [2025] UGHCCRD 58 (30 October 2025) Accused remanded beyond 180 days before committal is entitled to mandatory bail; commitment after expiry does not defeat that right. Criminal procedure – Bail – Mandatory bail under Article 23(6)(c) and Bail Guidelines 2022 – entitlement where accused remanded beyond 180 days before commitment to High Court. Effect of subsequent commitment to High Court after expiry of statutory remand period – does not defeat mandatory bail entitlement. Considerations for bail – severity of offence, risk of abscondment, presumption of innocence, adequacy of sureties. Relevant authority: Joseph Lusse v. Uganda (treatment of delayed committal).	30 October 2025
Ssendagire Moses v Uganda (Criminal Miscellaneous Application No. 0693 of 2024) [2025] UGHCCRD 56 (30 October 2025) Delay exceeding 180 days before committal for a High Court offence triggers a constitutional right to mandatory bail. Constitutional law – Article 23(6)(c) – Mandatory bail where accused charged with offences triable only by the High Court has been remanded over 180 days; delay in committal; bail conditions (cash deposit, non-cash sureties, periodic reporting).	30 October 2025
Kittibwa Rodney v Uganda (Miscellaneous Application No. 641 of 2025) [2025] UGHCCRD 59 (29 October 2025) Bail denied where applicant failed to produce mandatory identity document required by Guideline 12(a). Bail — statutory/practice-direction documentary requirements — Guideline 12(a) requires applicant’s identity document (national ID, passport, aliens ID, employment or student card); absence of such document grounds refusal of bail despite sureties’ LC1 and their identity copies.	29 October 2025
Nyesiga Musa v Uganda (Criminal Appeal No. 117 of 2024) [2025] UGHCCRD 53 (28 October 2025) Whether the appellant’s conduct established common intention to rob and whether the sentence properly credited remand time. Criminal law – common intention – doctrine may be inferred from conduct and circumstantial evidence including CCTV footage. Evidence – circumstantial evidence – must lead to one irresistible conclusion absent co‑existing factors. Sentencing – remand credit mandatory and must be mathematically deducted; ambiguity renders sentence illegal. Appellate review – first appellate court duty to re-evaluate material evidence afresh and correct legal sentencing errors.	28 October 2025
Bukenya Nicholas and Kasolo Herbert v Uganda (Criminal Miscellaneous Application 640 of 2025) [2025] UGHCCRD 48 (23 October 2025) Remand beyond 180 days before committal triggers mandatory bail under Article 23(6)(c), subject to reasonable bail conditions. Constitutional law – Article 23(6)(c) – mandatory bail where accused remanded 180 days without committal; committal delay; bail conditions; offences triable only by the High Court.	23 October 2025
Kiddawalime Abdu v Uganda (Criminal Misc. Application No. 381 of 2025) [2025] UGHCCRD 51 (23 October 2025) Applicant on remand >180 days and medical condition established exceptional circumstances, so bail was granted with conditions. Constitutional law – Article 23(6) – right to bail and mandatory bail after 180 days on remand; Criminal procedure – Bail Guidelines 2022 – Rule 10(1); Trial on Indictments Act s.16 – exceptional circumstances required for offences triable by High Court; Exceptional circumstances – medical certificate/advanced age as grounds for bail; Committal to High Court does not negate time on remand already served.	23 October 2025
Makoba Henry v Uganda (Criminal Miscellaneous Application No.433 of 2025) [2025] UGHCCRD 55 (23 October 2025) Applicant charged with aggravated robbery failed to prove statutory "exceptional circumstances" required for bail; application dismissed. Criminal procedure – Bail – Application for bail pending trial for offence punishable by death – Requirement of "exceptional circumstances" under Section 16(1)(a) and 16(3) of the Trial on Indictments Act. Exceptional circumstances defined: grave illness (medical certificate), advanced age or infancy, or DPP Certificate of No Objection. Speedy trial/backlog does not constitute exceptional circumstances per se. Committal to High Court indicating imminent trial weighs against grant of bail.	23 October 2025
Uganda v Kyazze Ashira and Another (Criminal Case 866 of 2020) [2025] UGHCCRD 54 (23 October 2025) Prosecution’s failure to produce witnesses and complete evidence meant no prima facie case for aggravated robbery, resulting in acquittal. Criminal procedure – Prima facie case – Trial on Indictments Act s74; Aggravated robbery – elements: taking/asportation, violence, weapon, participation; Expungement of incomplete testimony; Prosecution’s failure to produce witnesses and exhibits; Acquittal for lack of prima facie case.	23 October 2025
Ibanda George v Uganda (Criminal Revision Cause No. 31 of 2023) [2025] UGHCCRD 49 (22 October 2025) Territorial jurisdiction is essential; reconciliation under section 160 cannot dispose of felony charges; matter transferred to proper magistrate's court. Criminal procedure — Revision — High Court supervisory powers to correct jurisdictional errors and irregularities. Jurisdiction — Territorial jurisdiction — Offence location determines appropriate magistrates' court; consent agreement after commission cannot confer jurisdiction. Reconciliation — Section 160 Magistrates Courts Act inapplicable to felonies; obtaining money by false pretences is a felony.	22 October 2025
Uganda v Col. (Rtd) Dr. Kizza Besigye and Another (Criminal Sessions Case 335 of 2025) [2025] UGHCCRD 46 (15 October 2025) Criminal Division has jurisdiction; recusal denied; identity dispute deferred to scheduling before plea. Criminal jurisdiction – committal and file allocation to High Court Criminal Division; Transfer to International Crimes Division – no proof of committal to ICD; Recusal – test for apprehension of bias; Identity particulars in indictment – amenable to amendment or resolution at scheduling before plea.	15 October 2025