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Muserebende Ali and Another v Uganda (Criminal Appeal No. 327 of 2015)

Court of Appeal · [2026] UGCA 100 · 2026 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against sentence only, from a High Court conviction for aggravated robbery
Decision
Appeal against sentence dismissed; the 20-year sentence of imprisonment was upheld.

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Holding

The appellants, convicted of aggravated robbery and sentenced to 20 years' imprisonment, appealed on the sole ground that the trial judge failed to deduct their remand period. The Court of Appeal held that, although Article 23(8) of the Constitution requires the remand period to be taken into account, the rule in Rwabugande v Uganda requiring arithmetical deduction has no retrospective effect on sentences passed before 3 March 2017. As the appellants were sentenced on 1 July 2015, the trial court's general statement that it had taken the remand period into account was lawful and in conformity with the law then applicable. The appeal was found to have no merit and was dismissed.

Facts

On 27 March 2012 the victim, driving an unregistered Toyota Ipsum along the Tororo-Jinja road, stopped near Busitema University to give a lift to the two appellants. Inside Busitema Forest, the second appellant strangled the victim with a rope until he lost consciousness; the appellants dragged him into the bush, tied him to a tree, and stole the vehicle (valued at UGX 18,000,000), his passport, driving permit, two phones, cash and clothing. Police intercepted the stolen vehicle at Jinja round-about on 29 March 2012 with the appellants aboard, and recovered some of the victim's property from a family home. The appellants confessed in charge and caution statements. The victim could not be traced to testify. Both were convicted of aggravated robbery and sentenced to 20 years' imprisonment by the High Court at Tororo on 1 July 2015. They appealed against sentence only, contending that the remand period had not been deducted.

Issues

  1. Whether the trial judge erred in sentencing the appellants to 20 years' imprisonment without arithmetically deducting the time spent on remand, thereby occasioning a miscarriage of justice.

Orders

  • Appeal dismissed.

Key headnotes

Criminal Sentencing — Remand Period — Article 23(8) of the Constitution
Where a person is convicted and sentenced to a term of imprisonment, any period spent in lawful custody in respect of the offence before completion of trial must be taken into account in imposing the term of imprisonment.
Sentencing — Remand Deduction — Retrospective Effect of Rwabugande v Uganda
The requirement that a sentencing court arithmetically deduct the period spent on remand from the sentence has no retrospective effect on sentences passed before the decision in Rwabugande v Uganda on 3 March 2017.
Sentencing — Consideration of Remand — Sentences Predating Rwabugande
For sentences passed before Rwabugande v Uganda, a general statement by the trial court that it has taken the period spent on remand into account is sufficient and lawful, and does not render the sentence illegal.

Legislation cited (6)

  • Penal Code Act Cap. 120 s.285
  • Penal Code Act Cap. 120 s.286(2)
  • Constitution of the Republic of Uganda 1995 art.23(8)
  • Constitution of the Republic of Uganda 1995 art.132(4)
  • Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.30(1)
  • Sentencing Guidelines for Courts of Judicature (Practice) Directions 2013

Cases cited (7)

  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Walimbwa Geoffrey v Uganda (Criminal Appeal No. 154 of 2016)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
  • Sebunya Robert & Anor v Uganda (Criminal Appeal No. 58 of 2016)
  • Kizito Senkula v Uganda (Criminal Appeal No. 24 of 2001)
  • Kabuye Senya v Uganda (Criminal Appeal No. 2 of 2002)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.