Wakilii

Male H. Mabirizi K. Kiwanuka v Uganda and Others (Criminal Miscellaneous Application No 41 of 2023)

High Court · [2023] UGHCACD 16 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of criminal proceedings pending determination of human rights enforcement cause
Decision
Application for stay of criminal proceedings dismissed

Observed later treatment

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Holding

Held that an application for stay of criminal proceedings pending determination of a human rights enforcement cause must satisfy three requirements: a prima facie case with probability of success, irreparable damage if stay not granted, and balance of convenience in applicant's favour. Where the applicant failed to demonstrate a prima facie case or provide sufficient information about the underlying human rights matter, and was not a party to the criminal proceedings sought to be stayed, the application was dismissed.

Outcome

Application for stay of criminal proceedings dismissed

Facts

The applicant filed a human rights enforcement cause (Miscellaneous Cause No. 3/2023) before the Head of the Anti-Corruption Division challenging the prosecution of Ministers in respect of allegedly misappropriated iron sheets from the Office of the Prime Minister. While that matter was pending ruling, the applicant sought to stay criminal proceedings against Agnes Nandutu (Criminal Case No. 37/2023) who was charged with dealing with suspect property under the Anti-Corruption Act. The applicant argued that the criminal trial should be stayed until the human rights cause was determined, as it raised serious issues relating to criminal liability of political heads and piecemeal prosecutions. The ODPP opposed the application, contending that the applicant lacked locus standi, that the application was misconceived, and that there was no basis to halt the prosecution. The accused person (3rd Respondent) did not participate in the stay application.

Issues

  1. Whether the applicant established a prima facie case with probability of success in the underlying human rights enforcement cause.
  2. Whether the applicant would suffer irreparable damage if the stay of criminal proceedings was not granted.
  3. Whether the balance of convenience favoured granting a stay of criminal proceedings pending determination of a human rights enforcement cause.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Stay of Proceedings — Requirements for Grant of Stay
For an application for stay of proceedings to succeed, the applicant must establish: (a) a prima facie case that is neither frivolous nor vexatious with probability of success; (b) that failure to grant the stay will cause irreparable damage that cannot be compensated by damages; and (c) if the court is in doubt on either of the first two requirements, the balance of convenience favours granting the stay.
Human Rights Enforcement Act — Section 8(1) — Stay of Proceedings
Section 8(1) of the Human Rights (Enforcement) Act 2019 requires a presiding judge to stay proceedings where a question of violation of fundamental rights arises in those proceedings before that judge. The provision does not apply where the alleged human rights violation is raised in separate and distinct proceedings before a different court.
Stay of Proceedings — Burden of Proof — Prima Facie Case
The applicant bears the burden to satisfy the court that a prima facie case exists and must provide sufficient information upon which the court can determine whether there is a triable issue. A bare assertion that serious issues are raised, without providing the court with adequate particulars of those issues, is insufficient to establish a prima facie case.
Stay of Proceedings — Irreparable Damage — Requirement of Prima Facie Case
Where an applicant has failed to establish a prima facie case, the court is unable to find that irreparable damage would be suffered if the stay is not granted. The existence of a prima facie case is a prerequisite to a finding of irreparable damage in stay applications.
Stay of Criminal Proceedings — Balance of Convenience — Public Interest
In determining the balance of convenience in an application to stay criminal proceedings, the court must consider the public nature of criminal cases and the constitutional mandate of the Director of Public Prosecutions. Where the applicant is not a party to the criminal proceedings and the accused has not authorised the application, the balance of convenience favours allowing the criminal justice system to proceed.

Legislation cited (19)

Cases cited (8)

  • Charles Onyango Obbo and Andrew Mwenda v Attorney General (Constitutional Appeal No. 2 of 2002)
  • Tusingwire Wesley v Attorney General (Constitutional Reference No. 6 of 2016)
  • Davis Wesley Tusingwire v Attorney General (Constitutional Application No. 6 of 2013)
  • American Cyanide versus Ethicon (1975) ALL ER 504
  • Robert Kavuma v MS Hotel International (Supreme Court Civil Appeal No. 8 of 1990)
  • Geoffrey Kazinda v Attorney General (Constitutional Petition Application No. 1 of 2017)
  • Tonny Wasswa versus Joseph Kakooza (1987) HCB 79
  • Lugya Andrew v Kikonyogo Richard and Another (Civil Application No. 248 of 2021)

Full judgment

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

Male H. Mabirizi K. Kiwanuka v Uganda and Others (Criminal Miscellaneous Application No 41 of 2023) [2023] UGHCACD 16 (8 June 2023)
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.