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.
8 judgments
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8 judgments
Citation
Judgment date
August 2025
The High Court dismissed a bail application as no civilian criminal proceedings were pending against the applicant.
Criminal procedure – Bail – Jurisdiction of High Court – Bail application where no civilian charge is pending – Effect of Supreme Court judgment barring military trial of civilians – Article 23(6)(a) of the Constitution and Articles 28, 120(3)(b) – Section 42 Magistrates Courts Act – Requirement for criminal proceedings to be properly before court.
27 August 2025
The court granted bail pending appeal to a convicted applicant after applying established criteria and setting strict conditions.
Bail – bail pending appeal – conditions for grant – risk of absconding – strength and reliability of sureties – factors for consideration including pendency and possibility of success in appeal – guiding legal precedents – discretionary grant of bail to convicted appellants.
27 August 2025
Criminal Procedure – Revision – Revisional powers – Freezing of bank account under S.8 Computer Misuse Act – Preservation orders must be temporary, based on reasonable grounds – Ten-month freeze without charges or progress unlawful – Violation of right to property – Disproportionate hardship (scholarship disruption) – Allegations of fraud unproven – Freeze set aside, bank directed to unfreeze account
21 August 2025
A judge declined to recuse himself, finding no reasonable basis for alleged bias from delays or prior rulings.
Recusal of judge – alleged bias – reasonable apprehension of bias – scheduling delays – prior adverse rulings – application dismissed for lack of merit
19 August 2025
The High Court dismissed a bail application for lack of jurisdiction where a case was not properly initiated in a civilian court after transfer from the Court Martial.
Criminal procedure – jurisdiction – bail application – transfer of cases from military to civilian courts – necessity of committal proceedings – Kabaziguruka decision does not override procedural safeguards for initiating criminal proceedings in civilian courts – High Court jurisdiction over bail predicated on proper commencement of proceedings.
18 August 2025
Applicants entitled to bail after completing statutory remand period without committal, subject to appropriate non-cash bond and sureties.
Criminal procedure – Bail – Completion of statutory remand period – Criteria for grant of bail – Suitable sureties – Non-cash bond – Requirement to report to court.
13 August 2025
Remand for mandatory bail under Article 23(6)(c) is calculated from first appearance before the ordinary criminal court, not military.
Criminal procedure – bail – mandatory bail under Article 23(6)(c) of the Constitution – computation of remand period – distinction between remand before military court and regular court – evidentiary requirements for remand period – committal overtaking bail application.
8 August 2025
High Court grants mandatory bail to a civilian remanded over 180 days after General Court Martial lacked jurisdiction.
Constitutional and criminal procedure - Mandatory bail under Article 23(6)(c) where accused triable only by High Court and remanded over 180 days. Jurisdiction - High Court may entertain bail applications for civilians previously before General Court Martial following Supreme Court declaration that military courts lack jurisdiction. Bail requirements - burden on respondent to rebut entitlement; verification of sureties and risk of absconding; release may be conditioned under Trial on Indictments Act s.15. Remedy for detention delay - protection against prolonged pre-trial detention and promotion of expeditious transfer and trial.
7 August 2025