Wakilii

Uganda v Bogere Galiwango (Criminal Session Case 2 of 2025)

High Court · [2026] UGHC 482 · 2026 Indictment Quashed — Proceedings Terminated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial on indictment for aggravated defilement where accused was charged as adult despite being a minor
Decision
Accused ordered released forthwith following termination of proceedings

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that an accused person aged 17 years at the time of the alleged offence and arraignment is a child under the Children Act and must be tried under that Act, not as an adult. The court found that charging the accused as an adult, remanding him in adult custody, and remanding him for over two years violated the Children Act, which limits remand to 45 days for offences other than those punishable by death and prohibits remand in adult facilities. The court exercised its inherent powers under Section 17(2) of the Judicature Act to quash the indictment and terminate proceedings, ordering the accused's immediate release.

Outcome

Accused ordered released forthwith following termination of proceedings

Facts

The accused, Bogere Galiwango, was charged with aggravated defilement contrary to Section 116(1) of the Penal Code Act. The victim was a child aged 7 years. The alleged offence occurred on October 29, 2023, and the accused was arraigned on November 3, 2023. At both dates, the accused was 17 years old, as confirmed by his National Identity Card showing a date of birth of December 23, 2005. The prosecution's PF24A form incorrectly recorded the accused's age as 18 years. The accused pleaded not guilty. He had been remanded in adult custody at Kigo Prisons for 2 years 5 months and 25 days. Upon reviewing the charge sheet and the accused's age documentation, the court raised the issue of whether the accused should have been charged and tried as a child under the Children Act.

Issues

  1. Whether the accused, being 17 years old at the time of the alleged offence and arraignment, should have been charged and tried under the Children Act rather than as an adult.
  2. Whether the remand of the accused for 2 years 5 months and 25 days exceeded the statutory limit under the Children Act.
  3. Whether the court should exercise its inherent powers under the Judicature Act to terminate proceedings that violate the Children Act.

Orders

  • The indictment of the accused minor is quashed.
  • Proceedings in this indictment are terminated in exercise of the High Court's powers under Section 17(2) of the Judicature Act.
  • The accused is ordered released forthwith, unless held on other lawful orders.

Rules and key headnotes

Criminal Law & Procedure — Children — Definition of Child — Age Determination
A person below the age of eighteen years is a child under Section 2 of the Children Act, and criminal proceedings involving such persons must be governed by the Children Act regardless of how police or prosecution documents record their age.
Criminal Law & Procedure — Children — Remand — Statutory Limits
Under Section 136(5) of the Children Act, remand in custody of a child charged with an offence other than one punishable by death shall not exceed forty-five days, and remand of a child in adult custody is prohibited by Section 136(6).
Criminal Law & Procedure — Children — Primacy of Children Act
Where specific provisions of the Children Act govern criminal proceedings involving children, those provisions override the provisions of the Trial on Indictments Act and any other law.
Criminal Law & Procedure — Inherent Powers — Termination of Proceedings
The High Court may exercise its inherent powers under Section 17(2) of the Judicature Act to terminate proceedings and quash an indictment where the accused was illegally charged as an adult despite being a child, illegally remanded in adult custody, and illegally remanded beyond the statutory period permitted under the Children Act.
Statutory Interpretation — Children Act — Maximum Sentence for Children
Section 139(1)(g) of the Children Act sets the maximum sentence for a child above 16 years at twelve months, and any sentence exceeding this limit would violate the Act even where the offence charged carries a higher penalty under general criminal law.

Legislation cited (13)

Cases cited (2)

Full judgment

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Uganda v Bogere Galiwango (Criminal Session Case 2 of 2025) [2026] UGHC 482 (28 April 2026)
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.