Wakilii

Nduhukire Nasser alias Don Nasser v Attorney General [2025] UGHC 474

High Court · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for declarations of human rights violations arising from alleged illegal arrest and rendition from Kenya
Decision
Application dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for lack of jurisdiction. The court held that it has no extraterritorial jurisdiction to adjudicate alleged acts of torture that occurred in Nairobi, Kenya. The applicant failed to prove he travelled to Kenya using his national ID card and was therefore not subject to extradition procedures. The 48-hour constitutional rule was not violated as the applicant was detained on Saturday and arraigned on Monday, with weekends excluded from the computation.

Outcome

Application dismissed for lack of jurisdiction

Facts

The applicant, accused in Criminal Case No. 979 of 2024 for aggravated trafficking in children and defilement, alleged he was abducted from Nairobi, Kenya on 18 September 2024 by fifteen armed men, detained in a container for three days, tortured, and forcibly returned to Uganda without extradition proceedings. He claimed he was detained at various locations including Nakasero in a UPDF-guarded cell before being taken to Kira Road Police Station and arraigned at Buganda Road Court on 23 September 2024. The respondent denied the allegations, stating the applicant was arrested at Malaba in Tororo District, Uganda on 21 September 2024. Immigration records showed the applicant last entered Uganda from Nairobi in October 2023 and had no official record of leaving Uganda thereafter.

Issues

  1. Whether the court can be used to validate what has been done by the state in flagrant abuse of known laws and procedures of extradition.
  2. Whether the Applicant's right to personal liberty was violated by the officers of the Uganda Police who caused the illegal and unlawful arrest and rendition of the Applicant from the Republic of Kenya without due extradition process.
  3. Whether the Applicant's non-derogable right to freedom from torture, cruel, inhuman and degrading treatment was violated by the Respondent.
  4. What remedies are available to the parties.

Orders

  • Application dismissed with costs to the Respondent.

Rules and key headnotes

Jurisdiction — Territorial Limits — Extraterritorial Application
The High Court of Uganda has unlimited original jurisdiction in all matters within Uganda but its territorial jurisdiction is limited by law to the extent of Uganda's borders, save for legally specified and limited instances of extraterritorial jurisdiction.
Torture — Extraterritorial Acts — Jurisdiction
The High Court of Uganda is not vested with extraterritorial jurisdiction to entertain cases of alleged torture committed over the territory of another country such as Kenya. The limited exceptions for extraterritorial jurisdiction under Section 4(2) of the Penal Code Act do not include the offence of torture.
Personal Liberty — 48-Hour Rule — Computation of Time
In the computation of the constitutional 48-hour rule for producing an arrested person before court, weekends are excluded. Where a person is detained on Saturday and arraigned on Monday, the 48-hour rule is not violated.
Burden of Proof — Travel Records — Interstate Pass
A person alleging they travelled to Kenya using a national ID card bears the burden to prove that claim by adducing evidence such as an interstate pass or accessing records from the border crossing. Failure to discharge this burden means the person does not qualify as one subject to extradition proceedings.
Immigration — Interstate Pass — East African Community
Nationals of Uganda, Rwanda and Kenya are free to move between these countries with only a national ID card instead of passports. An interstate pass is issued free of charge at the border at the point of exit, and travellers' details are captured in the immigration database.

Legislation cited (46)

Cases cited (22)

  • Owners of Motor Vessel Lilian 'S' v Caltex Oil Kenya Limited [1989] KLR
  • Uganda v Hon Kassiano Ezati Wadri & 31 Ors (HCT Criminal Revision No. 0002 of 2018)
  • Baku Raphael & Obiga Kania v Attorney General (Constitutional Appeal No. 1 of 2003)
  • Musisi Kibugujju Badman v Namakula Zam and Another (HCT Miscellaneous Application No. 303 of 2016)
  • Ochwa v Attorney General (Civil Suit No. 418 of 2012)
  • Issa Wozembe v Attorney General (Civil Suit No. 154 of 2016)
  • Paul Banyenzaki Mugoya v Sgt Oumo & Attorney General (Civil Appeal No. 91 of 2021)
  • Dr Kizza Besigye & Ors v Attorney General (Constitutional Petition No. 7 of 2007)
  • Union Trade Centre LTD v Attorney General of Rwanda (EACJ Appellate Division Appeal No. 1 of 2015)
  • Igaba v Attorney General & 3 Ors (HCCS No. 247 of 2016)
  • Robert Asiimwe Akonga & Anor v Attorney General & 2 Ors (HCT Miscellaneous Application No. 007 & 008 of 2022)
  • Twine Emmanuel v Attorney General (HCT Miscellaneous Cause No. 03 of 2024)
  • Rights Trumpet & 2 Others v. AIGP Asan Kasingye & 5 Ors
  • Attorney General v Akauba Paul (Constitutional Reference No. 002 of 2024)
  • Kenya Wildlife Service v James Mulembe [2019] eKLR
  • Attorney General v David Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Uganda Law Society v Attorney General (Constitutional Petition No. 18 of 2005)
  • Nasif Mujib & Anor v Attorney General (HCCS No. 160 of 2014)
  • Sserunkuuma George William & Anor v Attorney General (Miscellaneous Cause No. 102 of 2021)
  • Enerco Projekt v Brigadier Kasirye Gwanga & Anor (HCMA No. 558 of 2009)
  • URA v Stephen Mhosi (SCCA No. 26 of 1995)
  • Uganda v Jamal Kiyemba and Abdullah alias Tony Kiyemba (HCT-00-ICD-SC-001-2023)

Full judgment

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

Nduhukire Nasser alias Don Nasser v Attorney General 2025 UGHC 474 (30 June 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.