Private prosecutions in Uganda
In brief
A private person can set the criminal law in motion. Under the Magistrates Courts Act, Cap. 19, criminal proceedings may be instituted not only by a public prosecutor or police officer but also by any other person making a complaint to a magistrate (s.42). A person with reasonable and probable cause to believe an offence has been committed may complain — orally or in writing — to a magistrate with jurisdiction, who, if satisfied a prima facie offence is disclosed and the complaint is not frivolous, draws up a charge. But the Director of Public Prosecutions may take over and continue, or discontinue, any private prosecution at any stage (s.43).
1. Governing law
Section 42 of the Magistrates Courts Act, Cap. 19 lets criminal proceedings be instituted by a public prosecutor or police officer laying a charge, or by any other person making a complaint and applying for a summons or warrant (s.42(1)). A person other than a public prosecutor or police officer who has reasonable and probable cause to believe an offence has been committed may make a complaint — orally or in writing, signed — to a magistrate who has jurisdiction or within whose area the accused resides (s.42(3)); the magistrate consults the local chief of the area and records the gist (or accepts a letter from the chief) (s.42(4)), and, after satisfying himself or herself that a prima facie offence is disclosed and the complaint is not frivolous or vexatious, draws up and signs a formal charge (s.42(5)). Control remains with the State: where proceedings are instituted by a private person, the Director of Public Prosecutions may take over and continue the conduct of the proceedings at any stage before their conclusion, or discontinue the prosecution, and may require the private prosecutor to give all reasonable information and assistance (s.43) — reflecting the DPP's constitutional powers under Article 120 of the Constitution. Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Magistrates Courts Act, Cap. 19 — s.42(1) (proceedings may be instituted by a public prosecutor or police officer, or by any other person making a complaint); s.42(3) (a private person with reasonable and probable cause may complain, orally or in writing, to a magistrate with jurisdiction); s.42(4) (magistrate consults the local chief); s.42(5) (magistrate draws up a charge if a prima facie offence is disclosed and the complaint is not frivolous or vexatious); s.43 (the Director of Public Prosecutions may take over and continue, or discontinue, a private prosecution at any stage).
- Constitution of the Republic of Uganda, 1995 — Article 120 (the powers of the Director of Public Prosecutions, including to take over and to discontinue criminal proceedings).
3. Practical guidance
Confirm you have reasonable and probable cause to believe an offence has been committed (MCA s.42(3)).
Make the complaint — orally or in writing, signed — to a magistrate who has jurisdiction or in whose area the accused resides (s.42(3)).
Expect the magistrate to consult the local chief and to draw a charge only if a prima facie offence is disclosed and the complaint is not frivolous or vexatious (s.42(4)-(5)).
Be ready for State control: the DPP may take over and continue or discontinue the case at any stage, and may require your information and assistance (s.43; Constitution art. 120).
Get legal advice — private prosecutions are demanding, and a frivolous or vexatious complaint will be rejected.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.