Wakilii

Kaggwa Augustine v Attorney General (Miscellaneous Cause 256 of 2025)

High Court · [2025] UGHCCD 164 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for writ of habeas corpus ad subjiciendum
Decision
Writ of habeas corpus granted; Attorney General ordered to produce detainee before court on 8 October 2025

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a writ of habeas corpus ad subjiciendum where a police officer was arrested by UPDF soldiers on 29 August 2025 while on official duty and detained at Masindi UPDF Military Barracks without being charged or produced before any court. The court found the detention violated Article 23 of the Constitution and ordered the Attorney General to produce the detainee before court on 8 October 2025.

Outcome

Writ of habeas corpus granted; Attorney General ordered to produce detainee before court on 8 October 2025

Facts

On 29 August 2025, AIP Kaggwa Augustine, a police officer attached to the Environmental Protection Police Force, was on official duty protecting Bugoma Central Forest Reserve at Wairagaza police post. He was arrested by armed men identified as soldiers from Masindi UPDF Military Barracks. From 29 August 2025 to the date of the application, the applicant remained detained at Masindi UPDF Military Barracks without being produced before any court or having formal charges communicated to him or his family. His minor children remained without their father and were in the care of well-wishers. The respondent was served with the application on 26 September 2025 but did not file an affidavit in reply.

Issues

  1. Whether the applicant has satisfied the conditions for the grant of an order of habeas corpus ad subjiciendum to produce AIP Kaggwa Augustine.

Orders

  • Application allowed.
  • A writ of habeas corpus ad subjiciendum to issue directly to the Attorney General of the Republic of Uganda to produce AIP Kaggwa Augustine of the Environmental Protection Police Force, Uganda Police Force said to be currently detained at Masindi UPDF Military Barracks before the High Court of Uganda at Kampala (Civil Division) on Wednesday 8th October 2025 at 11:00am.
  • Uganda Peoples Defence Forces and the Commander Artillery Division Masindi struck out as respondents pursuant to Order 1 rule 10(2) of the Civil Procedure Rules.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — Right to Personal Liberty — Habeas Corpus — Inviolability
The right to an order of habeas corpus is inviolable and shall not be suspended under Article 23(9) of the Constitution of the Republic of Uganda.
Human Rights — Personal Liberty — Unlawful Detention — Conditions for Grant of Habeas Corpus
Where a person is deprived of personal liberty otherwise than in execution of a lawful sentence or order imposed by a competent court, the High Court may award a writ of habeas corpus ad subjiciendum upon complaint supported by affidavit showing reasonable grounds, directing the person in whose custody the detainee is held to produce the detainee before court.
Human Rights — Personal Liberty — Detention Without Charge — Violation of Article 23
Detention of a person for over one month without bringing charges or producing the detainee before any court constitutes deprivation of personal liberty contrary to Article 23 of the Constitution and warrants the grant of habeas corpus.
Administrative Law — Joinder of Parties — Sufficiency of Attorney General as Respondent
In proceedings against state organs, legal action against the Attorney General is sufficient, and other state entities may be struck out as respondents pursuant to Order 1 rule 10(2) of the Civil Procedure Rules.

Legislation cited (9)

Full judgment

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Kaggwa Augustine v Attorney General (Miscellaneous Cause 256 of 2025) [2025] UGHCCD 164 (2 October 2025)
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.