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.
1,817 judgments
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1,817 judgments
Citation
Judgment date
September 2024
6 September 2024
August 2024
21 August 2024
Application to nullify allegedly torture‑obtained statements dismissed because the DPP was wrongly sued; merits not determined.
Constitutional and human rights enforcement – jurisdiction of the High Court under the Human Rights (Enforcement) Act to entertain non-derogable rights claims. Civil procedure – proper party to sue – inability to sue the DPP in his own capacity; actions against government to be instituted against the Attorney General. Evidence – allegations of torture and voluntariness of statements require detailed proof; interlocutory nullification not appropriate where party‑joinder defect is fatal. Remedies – expungement/nullification of statements in context of criminal proceedings and proper procedural route.
7 August 2024
Application alleging statements procured by torture dismissed for being brought against wrong respondent (DPP/"Uganda") rather than Attorney General.
Human rights enforcement – Alleged torture and involuntary charge and caution statements – Procedural requirement to sue Attorney General (capacity to be sued) – Misjoinder of respondent fatal – Court declines to decide merits where preliminary objection disposes of application.
1 August 2024
July 2024
19 July 2024
11 July 2024
June 2024
19 June 2024
14 June 2024
12 June 2024
6 June 2024
6 June 2024
6 June 2024
6 June 2024
6 June 2024
6 June 2024
5 June 2024
5 June 2024
4 June 2024
May 2024
21 May 2024
17 May 2024
April 2024
Accused remanded over 180 days without committal entitled to mandatory bail under Bail Guideline Rule 10(1).
Bail – Mandatory bail under Bail Guidelines Rule 10(1) – entitlement where remand exceeds 180 days without committal; Constitutional right to bail (Art.23(6)(a)); Court’s discretion to impose reasonable conditions despite seriousness of charges.
29 April 2024
29 April 2024
19 April 2024
Serious medical conditions can constitute exceptional circumstances justifying bail if sureties and reporting conditions mitigate flight or interference risk.
Bail — discretion under Article 23(6)(a) and s.15(1) TIA; exceptional circumstances — medical condition as ground for bail; evidentiary value of prison medical report; requirement to show low risk of absconding or witness interference; imposition of conditions to protect administration of justice.
16 April 2024
Accused remanded over 60 days without trial is entitled to mandatory bail; court imposed reasonable conditions for release.
• Criminal procedure – Bail – Mandatory release where accused remanded over 60 days without trial commencement (Article 23(6)(b); Rule 9 bail practice directions). • Constitutional rights – Presumption of innocence relevant to bail but grant not automatic. • Committal to High Court – Does not negate mandatory bail entitlement if 60 days have already lapsed. • Bail conditions – Court may impose reasonable monetary and reporting conditions to secure attendance.
16 April 2024
10 April 2024
9 April 2024
Appellate court upheld attempted murder convictions, dismissed procedural challenge, and reduced sentence to credit remand time.
Criminal law – Attempted murder – proof of mens rea and actus reus may be inferred from weapon use, wounds and conduct; Criminal procedure – Part-heard trial – successor magistrate may act on recorded evidence under s.144 Magistrates Courts Act; Sentencing – Remand credit – Article 23(8) Constitution requires arithmetic deduction of time on remand.
4 April 2024
March 2024
31 March 2024
31 March 2024
31 March 2024
30 March 2024
28 March 2024
Acquittal where identification was unreliable and search/seizure procedures and exhibit chain of custody were fatally flawed.
Criminal law – Aggravated robbery – elements: theft, violence or deadly weapon, participation; Identification evidence – quality, hearsay, necessity to call identifying witness; Search and seizure – requirement of search warrant and compliance with Police Act s27; Chain of custody and evidential contradictions; Effect of witness bias/grudge on credibility and safety of conviction.
27 March 2024
25 March 2024
24 March 2024
19 March 2024
18 March 2024
Court reinstated appeal dismissed for want of prosecution after applicant showed sufficient cause and prompt vigilance.
Criminal procedure – reinstatement of appeal dismissed for want of prosecution; Judicature Act s.33 remedial powers; requirement of sufficient cause, vigilance and an arguable appeal; consultation with Director of Public Prosecutions as potential sufficient cause.
18 March 2024
15 March 2024
13 March 2024
11 March 2024
February 2024
21 February 2024
20 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
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
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
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
12 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