Kiyimba Ronald v Uganda (Criminal Appeal No. 102 of 2011)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court of Appeal held that where the judgment of the trial court is missing from the record, the appellate court cannot determine the appeal on its merits and the appellant cannot mount a substantive appeal. The failure to avail the trial judgment violated the appellant's right to a fair hearing under articles 28(1), 28(6) and 126(2)(b) of the Constitution. The Court quashed the convictions on all counts and set aside the sentences. Following Tuuni Stephen v Uganda, the Court declined to order a retrial, holding that subjecting the appellant to fresh proceedings after almost 13 years in custody would be a travesty of justice and offend the constitutional injunction against delayed justice.

Outcome

Convictions quashed and sentences set aside; no retrial ordered

Facts

The appellant, together with two others, was indicted and convicted in the High Court of robbery (counts 1 and 2), defilement (count 3) and rape (count 4) arising from events on the night of 30 April 2006 at Bamunanika village, Mityana district. The trial judge sentenced him to 20 years' imprisonment on each count, to run concurrently. The appellant filed a notice of appeal in May 2011 against both conviction and sentence on the ground that the trial court failed to avail a certified copy of its judgment. The record showed that the Court of Appeal made repeated efforts between 2014 and 2018 to obtain the missing trial judgment from the High Court, but received no response and the judgment could not be located. The appellant had been in custody for almost 13 years.

Issues

1. Whether an appellate court can determine a criminal appeal on its merits where the judgment of the trial court is missing from the record.
2. Whether the failure to avail a copy of the trial judgment to the appellant violates the constitutional right to a fair hearing.
3. Whether a retrial should be ordered where the trial judgment cannot be located and the appellant has spent a lengthy period in custody.

Orders

• Appeal allowed.
• Convictions of the appellant on all counts quashed.
• Sentences imposed upon the appellant set aside.
• No order for a retrial.

Rules and key headnotes

Legislation cited (9)

• Penal Code Act s.285
• Penal Code Act s.286(2)(b)
• Penal Code Act s.129
• Penal Code Act s.123
• Constitution of Uganda art.28(1)
• Constitution of Uganda art.28(6)
• Constitution of Uganda art.126(2)(b)
• Rules of the Court of Appeal r.2(2)
• Rules of the Court of Appeal r.32(1)

Cases cited (1)

• [2018] UGCA 37

The original judgment as reported. Read the original PDF before relying on any passage.