Wakilii

Uganda v K J and Another (HCT-00-CR-JSC 625 of 2022)

High Court · [2023] UGHCCRD 107 · 2023 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial before High Court following committal from Magistrate Court; defence application to terminate proceedings on constitutional grounds before plea
Decision
Accused acquitted and set free following declaration that trial was a nullity due to constitutional rights violation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that remanding juvenile offenders aged 17 in an adult prison (Luzira Upper Prison) violated their non-derogable constitutional right under Article 34(6) to be kept separately from adult offenders. Under section 11(2) of the Human Rights (Enforcement) Act 2019, where an accused person's non-derogable rights have been infringed, the court must declare the trial a nullity and acquit the accused. Trial declared a nullity; accused persons acquitted.

Outcome

Accused acquitted and set free following declaration that trial was a nullity due to constitutional rights violation

Facts

K J and N I, both aged 17 at the time of arrest, were charged with aggravated robbery alleged to have occurred on 18 May 2021 at Kigobe, Kampala. They were alleged to have robbed Ahimbisibwe John of mobile phones valued at UGX 2,540,000 while armed with a knife. Charged on 1 June 2021, they appeared before Mengo Magistrate Court on 2 June 2021. Throughout their remand period from June 2021 until committal to High Court on 13 May 2022, they were detained in Luzira Upper Prison, an adult facility. By the time of their High Court appearance in 2023, they had matured into adults while in custody. Before plea, defence counsel raised the constitutional violation of remanding juveniles with adults.

Issues

  1. Whether the trial should be terminated where juvenile offenders were remanded in an adult prison contrary to their constitutional rights.
  2. Whether remanding juvenile offenders with adults in Luzira Upper Prison constituted a violation of non-derogable constitutional rights requiring acquittal under the Human Rights (Enforcement) Act 2019.

Orders

  • Trial declared a nullity.
  • Accused persons acquitted of the charges of aggravated robbery.
  • Accused persons set free unless held on other lawful charges.
  • State free to appeal against this ruling if not satisfied.

Rules and key headnotes

Constitutional Law — Rights of Children — Remand of Juvenile Offenders — Separation from Adults
Article 34(6) of the Constitution provides that a child offender kept in lawful custody or detention shall be kept separately from adult offenders, and this is a constitutional right that must be observed.
Human Rights — Non-Derogable Rights — Infringement — Remedy
Under section 11(2) of the Human Rights (Enforcement) Act 2019, where it appears to the court or is brought to its attention that an accused person's non-derogable rights have been infringed, the court shall declare the trial a nullity and acquit the accused person.
Criminal Law & Procedure — Juvenile Justice — Remand — Prohibition Against Detention with Adults
Section 89(8) of the Children Act provides in mandatory terms that no child shall be detained with an adult person, and this prohibition applies throughout the remand period.
Criminal Law & Procedure — Juvenile Justice — Duty of Justice Actors — Prisons Authorities
Prisons officers are not obliged to admit juveniles in adult prisons, and where other stakeholders have made errors, prisons authorities have a duty to inform the court that the offender is a juvenile and refuse admission to adult facilities.
Criminal Law & Procedure — Nullity of Proceedings — Constitutional Violation — Effect on Trial
Where juvenile offenders have been remanded in an adult prison in violation of their constitutional rights, the court being a court of justice cannot turn a deaf ear to their plight and must declare the trial a nullity even where the accused have since matured into adults while in custody.

Legislation cited (6)

Cases cited (2)

  • Uganda v AYW (Criminal Session Case No. 422 of 2020)
  • Uganda v M V (Criminal Session Case No. 197 of 2023)

Full judgment

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

Uganda v K J and Another (HCT-00-CR-JSC 625 of 2022) [2023] UGHCCRD 107 (26 July 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.