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criminal law/procedure

Attorney-General v. Tion [2015] KICA 4

Attorney-General v Tion is an appeal by the Attorney-General against an acquittal on charges of rape and criminal trespass. In this case, the respondent, while intoxicated, engaged in sexual intercourse with the complainant, who initially believed he was her husband. After intercourse, the complainant realized the respondent was not her husband, and the respondent claimed he too had been mistaken until that moment.

Kalibobo v. Uganda

The trial court sentenced the 25-year-old Appellant to 17 years in prison after finding him guilty of raping a 70-year-old widow from a neighboring village.  The trial court rejected the defense that he was not in her village at the time of the rape.  The trial court found that in November 1998 the Appellant broke into the home of the victim, who confronted him with a panga (machete).  While raping her after disarming her, the victim called out and the Appellant, worried about being caught, fled with her panga.  The police found the panga in his home the next day and he

Kisingiri v. Uganda

The appellant was convicted of having carnal knowledge of a person against the order of nature (i.e., homosexual sex acts, in this case anal sexual intercourse) in violation of section 145 of the Penal Code Act.  On appeal, appellant’s counsel emphasized the State offered no evidence of penetration, that corroboration is necessary in cases of sexual offenses, and the compromised credibility of several material prosecution witnesses, including a complainant.  Four years before the trial when he was 17 or 18, the complainant testified that he went to the Appellant’s home for a party

Mugasa v. Uganda

This appeal was limited to sentencing only. Appellant was convicted of defilement of a baby girl and was sentenced to 17 years imprisonment. Appellant was a relative of the child and was known as a teacher of Christianity. Appellant requested a more lenient sentence of 10 years. The Court of Appeals ruled against Appellant and increased his sentence to 25 years, citing the policy consideration that, despite the fact that defilement can be punishable by death, individuals still continue to defile babies.

Sabwe v. Uganda

Appellant was convicted of defilement of a girl less than 18 years old and was sentenced to 12 years imprisonment. Trial testimony established that while the 13-year-old girl and her younger sister were fetching water at a well, appellant, disguised as a ghost, ordered the two to remove their dresses, blindfolded them, and led them through a swamp to some bush where he had sexual intercourse with the older sister. He then left the sisters in the bush overnight, and the sisters’ father was unable to find them.

Sharma & Another v. Uganda

The appellants are brothers appealing their conviction for the murder of wife of the first appellant, Kooky Sharma.  The first Appellant and the deceased lived in a two-family building.  On the night of the murder, their neighbors heard two male voices and a woman crying “for a long time” inside the first appellant’s home.  The next day, the local council chairman learned of the victim’s death and visited the home.  The first appellant told him that the victim died of malaria.  The chairman was not satisfied with the explanation, noting that the victim’s clothing co

Uganda v. Kamuhanda

The accused was charged with murdering his father.  The accused’s mother testified that her husband, the deceased, repeatedly physically abused his wife and children.  After a day of drinking, the deceased chased his wife and children out of the house.  The deceased’s wife went to see her older son, Muhwezi.  Muhwezi took his mother to the local council chairman, who took her to the police.  After the police refused to do anything, the deceased’s wife and children spent the night at the local council chairman’s home.  The deceased was found dead in the family h

Uganda v. Katerega

The accused pleaded not guilty to aggravated defilement for performing a sexual act with his 15-year-old daughter.  The judge found the accused guilty despite his denial because of DNA testing of the victim’s twin children, the testimony of the victim, and the testimony of a social worker.  In dicta before sentencing, the judge stated that African traditions must be upheld and American and European abhorrent practices like sodomy and homosexuality must be avoided.

Uganda v. Kennedy

The accused pleaded not guilty to the charge of murdering his wife after an hours-long fight.  Medical evidence showed that the victim died of blunt force trauma and “increased incranial pressure.”  Family members and friends testified to witnesses numerous instances of the accused committed violence against the victim.  Explaining that domestic violence is one of the most pressing societal problems in Uganda today, the judge sentenced the defendant to 30 years imprisonment.

Uganda v. Okiring

The complainant was carrying a bag of maize on the back of her bicycle.  When the bag fell off, the defendant and two of his colleagues offered to help.  Two then raped her and the third stole her bicycle.  They fled when a friend of the complainant came up the road on his motorcycle.  The victim recognized her attackers and identified them to the police.  She also went to the hospital for a medical examination.  The defendant denied the charges and claimed never to have seen the victim before court proceedings began.  The trial court found credible the co

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