Wakilii

Kalule Ashraf Alias Alali and Others v Uganda (Criminal Appeal 61 of 2015)

Court of Appeal · [2026] UGCA 66 · 2026 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence for murder
Decision
Appeal dismissed; conviction and 20-year sentence for murder upheld.

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Holding

The Court of Appeal considered whether the trial judge complied with Article 23(8) of the Constitution by taking into account the period the appellant spent on remand when imposing a 20-year sentence for murder. Following Abelle Asuman v Uganda, the Court held that Article 23(8) requires only that the record demonstrate the remand period was considered to the convict's credit; no specific formula or express arithmetic deduction is mandated. Because the trial judge expressly stated she had taken the remand time into account, there was sufficient compliance. The sentence was not based on a wrong principle nor manifestly excessive, so the ground challenging sentence failed and the appeal was dismissed. The conviction ground had earlier been struck out as vague.

Facts

On the night of 10 April 2011, the deceased, Kabuye Antonio, attended a wedding party at the home of Kibira in Kyabala Village, Rakai District, together with the appellants and others. During the party, one Muswaihiri fought with the deceased. At about 4:00 a.m. the deceased rode away on his motorcycle, and Muswaihiri also left the venue. The following day the deceased's motorcycle was recovered abandoned near Bukoola Bridge, but the deceased himself was missing. The matter was reported to police, and investigations led to the arrest of the appellants, who were charged with and convicted of murder. The first appellant was sentenced to 20 years' imprisonment, and the others to 15 years' imprisonment each. Dissatisfied with both conviction and sentence, the appellants lodged this appeal.

Issues

  1. Whether the first ground of appeal, challenging the conviction, was competently pleaded under Rule 66(2) of the Court of Appeal Rules.
  2. Whether the trial judge complied with Article 23(8) of the Constitution by taking into account the period the appellant spent on remand when imposing sentence.
  3. Whether the sentence of 20 years' imprisonment was illegal or manifestly harsh.

Orders

  • Preliminary objection upheld and the first ground of appeal struck out.
  • The ground of appeal challenging the sentence is dismissed.
  • Appeal dismissed; the sentence imposed by the trial court is upheld.

Key headnotes

Constitutional Law — Sentencing — Article 23(8) — Compliance by acknowledging remand period
A sentencing court complies with Article 23(8) of the Constitution where the record demonstrates that the period spent on remand was taken into account to the convict's credit; the provision mandates no specific formula or express arithmetic deduction, and differing words or the omission of an express deduction will not vitiate the sentence.
Criminal Law & Procedure — Appeals — Appellate interference with sentence
An appellate court will interfere with a sentence imposed by the trial court only where the trial court acted on a wrong principle, overlooked a material factor, or where the sentence is illegal or so manifestly excessive as to amount to an injustice; sentencing is otherwise a matter of judicial discretion.
Criminal Law & Procedure — Appeals — Pleading grounds under Rule 66(2) of the Court of Appeal Rules
A ground of appeal that is vague, broad and ambiguous offends the requirement in Rule 66(2) of the Court of Appeal Rules that grounds be set forth concisely and under distinct heads without argument or narrative, and is liable to be struck out.

Legislation cited (8)

  • Constitution of Uganda 1995 art.23(8)
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013 Guideline 6
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013 para.15
  • Judicature Act Cap.16 s.11
  • Penal Code Act s.188
  • Penal Code Act s.189
  • Court of Appeal Rules r.66(2)
  • Court of Appeal Rules r.30(1)

Cases cited (16)

  • Kyalimpa Edward v Uganda (Criminal Appeal No. 10 of 1995)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Attorney General v Susan Kigula and 417 Others (2009) UGSC 6
  • Walimbwa v Uganda (Criminal Appeal No. 154 of 2016) [2024] UGCA 134
  • Turyahebwa Deus v Uganda (Criminal Appeal No. 172 of 2014)
  • Biryomumisho Alex v Uganda (Criminal Appeal No. 464 of 2016)
  • Abelle Asuman v Uganda (Criminal Appeal No. 65 of 2016) [2018] UGSC 10
  • Livingstone Kakooza v Uganda (Criminal Appeal No. 17 of 1993)
  • Pandya v R [1957] EA 335
  • Ruwala v R [1957] EA 570
  • Okeno v Republic [1972] EA 32
  • Okethi Okale v Republic [1965] EA 555
  • Bogere Moses v Uganda [1998] UGSC 22
  • R v Haviland (1983) 5 Cr. App. R(S) 109
  • Ogalo s/o Owoura v R (1954) 27 EACA 126
  • R v Mohamedali Jamal (1948) 15 EACA 126
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.