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Citation
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Judgment date
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| June 2025 |
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Criminal Procedure – Recusal – Judicial Impartiality – Reasonable Apprehension of Bias – Private Prosecution – Prima Facie Case – Stay of Proceedings – Double Reasonableness Test
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18 June 2025 |
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Bail pending appeal granted where non-violent conviction, fixed abode, compliant history and substantial sureties reduce flight risk.
Bail pending appeal; discretion under Trial on Indictment Act and Constitution; Bail Guidelines (Practice Directions 2022); factors: character, fixed abode, non-violent offence, appeal not frivolous, risk of delay; substantial sureties; non-cash bond conditions.
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18 June 2025 |
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Private prosecution—revision—allegations of forgery and uttering false documents by advocates—trial magistrate failed to consult local chief adequately and lacked basis for prima facie case—irregular charge sheet not signed by magistrate—Chief Magistrate’s order quashed
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2 June 2025 |
| May 2025 |
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Appellate court reduced excessive ten-year sentence after finding failure to allow challenge to evidence and failure to deduct remand time.
Criminal law – Sentencing – Magistrate’s inquiries under section 133(2) – accused’s right to be heard and to challenge testimony relied upon at sentencing. Sentencing – Remand period – mandatory mathematical deduction from custodial sentence; ambiguity in general statements unacceptable. Sentencing appeals – appellate interference where wrong principle, failure to consider material facts, or manifestly excessive sentence. Wildlife offences – aggravating factor: protection of endangered species and need for deterrent sentences.
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15 May 2025 |
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Criminal Law—Obtaining registration by false pretences—Section 292 Penal Code Act—land transfer by elderly stroke victim—gift deed as license—medical and registry evidence not properly adduced—defective prosecution—contradictory defence evidence—failure to prove inducement beyond reasonable doubt—conviction quashed—fine refunded
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14 May 2025 |
| April 2025 |
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Bail—mandatory bail—prolonged detention without trial—over 4 years' detention—jurisdiction of military courts—civilian before General Court Martial—abuse of process—application of Article 23(6)(c) Constitution—mandatory grant of bail—terms and conditions of release
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17 April 2025 |
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Criminal law—bail—treason—misprision of treason—advanced age—substantial sureties—fixed place of abode—exceptional circumstances—pending charges—interference with investigations—discretion—national security—denial of bail
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11 April 2025 |
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Criminal law—private prosecution—insulting the modesty of a woman—jurisdiction—freedom of expression—prima facie case—revision—stay of proceedings—role of the magistrate—constitutional protections—abuse of process
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11 April 2025 |
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Bail pending appeal—jurisdiction—military court—civilian convict—constitutional safeguards—Supreme Court ruling—Kabaziguruka doctrine—legislative lacuna—equitable jurisdiction—substantial delay—likelihood of success—exceptional circumstances—bail granted
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4 April 2025 |
| March 2025 |
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13 March 2025 |
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8 March 2025 |
| February 2025 |
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25 February 2025 |
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25 February 2025 |
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21 February 2025 |
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Bail application—presumption of innocence—exceptional circumstances—grave illness—advanced age—substantial sureties—flight risk—pending trial—discretion of court—public interest
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21 February 2025 |
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17 February 2025 |
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17 February 2025 |
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15 February 2025 |
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Failure to deduct remand time under Article 28(3) renders a custodial sentence illegal; re‑sentencing ordered to account for remand.
Constitutional law – Article 28(3): mandatory arithmetic deduction of remand period when imposing custodial sentences; failure renders sentence illegal. Criminal law – Sentencing: appellate interference warranted where trial court failed to account for remand period; balancing of mitigating and aggravating factors on re‑sentencing. Theft – breach of trust and substantial value of stolen funds as aggravating factors.
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14 February 2025 |
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14 February 2025 |
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14 February 2025 |
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11 February 2025 |
| January 2025 |
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Criminal Law—plea bargaining—right to a fair trial—illiterate accused—legal representation—miscarriage of justice—revisionary powers of the High Court—illegalities and procedural irregularities—failure to deduct remand period—excessive sentencing—court’s duty to safeguard accused persons’ rights—quashing of conviction and sentence—immediate release of applicants
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30 January 2025 |
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Applicant charged with aggravated robbery failed to show exceptional circumstances for bail pending committal and ongoing investigations.
Criminal procedure – Bail pending trial; aggravated robbery – need for exceptional circumstances for bail; pre-committal applications – prematurity where committal and mandatory bail period not complete; risk of interference with ongoing investigations; discretion of court under Article 23(6).
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23 January 2025 |
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Murder—conviction—missing court and police files—retrial order—corruption allegations—right to a fair trial—delay in prosecution—Human Rights Enforcement Act—denial of application—justice for victims
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14 January 2025 |
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Mandatory bail—applicant detained for over six months without committal—Article 23(6)(c) of the Constitution—prolonged detention without trial—subsequent committal did not cure procedural defect—no prior criminal record—bail granted with conditions
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5 January 2025 |
| December 2024 |
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Court granted bail where applicant proved fixed abode and substantial sureties after prolonged remand without trial.
[Bail] Constitution (Art 23(6)(a), Art 28(3)) – Presumption of innocence – Right to personal liberty; [Statute] Trial on Indictments Act s.16 – High Court discretion to grant bail; [Guidelines] Constitution (Bail Guidelines 2022) – fixed place of abode, suitability and documentation of sureties; [Remand] prolonged remand pending scheduling of trial as factor favoring bail; [Conditions] bond, sureties and reporting requirements.
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19 December 2024 |
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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Criminal appeal—Computer Misuse Act—electronic fraud—false Facebook account—deception—unlawful gain—circumstantial evidence—fair trial rights—adequate time for defense—disclosure—non-calling of material witness (Vice President Jessica Alupo)—custodial sentence—fine discretion—remand deduction—aggravating factors—deterrence—sentence revision—procedural fairness
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18 December 2024 |
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10 December 2024 |
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Criminal revision—supervisory powers of the High Court—concurrent divorce and criminal proceedings—overlap of subject matter—divorce and forgery allegations—prejudice and fair trial—exceptional circumstances—judicial discretion—competing considerations
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9 December 2024 |
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Bail application—Criminal Procedure Code—constitutional rights—presumption of innocence—public interest—conditional bail—compliance with Court Orders
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5 December 2024 |
| November 2024 |
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26 November 2024 |
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Fraudulent plea bargain agreement—misrepresentation of facts—prosecutorial impropriety—charge amendment from Murder to Manslaughter—procedural irregularity—judicial review—quashing of plea bargain agreement—retrial ordered—costs
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26 November 2024 |
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25 November 2024 |
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25 November 2024 |
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Criminal Law—bail—cancellation—right to fair hearing—proof of breach of bail conditions—natural justice—Constitution Article 28 and 44(c)—reinstatement of bail—costs
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14 November 2024 |
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6 November 2024 |
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6 November 2024 |
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4 November 2024 |
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1 November 2024 |
| October 2024 |
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31 October 2024 |
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Applicant remanded well beyond the 180‑day constitutional limit is entitled to mandatory bail subject to specified conditions.
Constitutional criminal procedure – Article 23(6)(c) – mandatory bail where accused remanded over 180 days without committal to High Court; delay in committal as ground for bail; setting of bail conditions.
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30 October 2024 |
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28 October 2024 |
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16 October 2024 |
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16 October 2024 |
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14 October 2024 |
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Private prosecution – procedural defects – DPP's authority – withdrawal of criminal cases – abuse of court process – public interest – administration of justice
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14 October 2024 |