Constitutional Law

Uganda v Kwoyelo (CONSTITUTIONAL APPEAL NO. 01 OF 2012) [2015] UGSC 125 (8 April 2015);

Flynote: 

Search Summary: 

This was an appeal from the decision of the Constitutional Court. The grounds of the appeal were that the Constitutional Court erred in law and fact in finding that the impugned sections of the Amnesty Act did not infringe on the powers of the DPP.

 

The applicant argued that the DPP had not observed his obligations when they failed to hold the detainees in lawful custody for prosecution of the alleged claims against them, and that the DPP failed to sanction their applications for amnesty.

 

Headnote and Holding: 

From the evidence that was adduced, it was found that, there was no evidence that the DPP treated the respondent differently when he declined to sanction the respondent’s application for amnesty, having been satisfied that the respondent had committed other offences that do not fall within section 3 of the Amnesty Act.

 

Accordingly, the appeal was allowed.

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