Wakilii

Uganda v Kakube Stone alias Topher (Criminal Session 74 of 2022)

High Court · [2023] UGHC 504 · 2023 Trial Discontinued — Juvenile Discharged AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection to trial of accused charged with murder as an adult when he was a juvenile at the time of the alleged offence
Decision
Juvenile offender discharged and set free

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a person aged 17 at the time of the alleged offence is a child under the Children Act and must be treated as a juvenile offender. The accused was illegally remanded in an adult prison for over 9 years in violation of sections 91 and 99 of the Children Act, which require that a child's case be completed within 12 months of taking plea and that remand in custody not exceed 6 months. The trial was discontinued under section 17(2)(a) of the Judicature Act as it would serve no legal purpose, given that the juvenile had already served three times the maximum detention order of 3 years applicable to children.

Outcome

Juvenile offender discharged and set free

Facts

Kakube Stone alias Topher was indicted for murder alleged to have been committed on 18 January 2014 at Nambote Nkolota in Namutumba District. He first appeared in court on 17 June 2015 and was remanded at Kirinya Remand Prison, an adult facility. He was committed to the High Court for trial on 16 May 2016. At the time of the alleged offence, the accused was 17 years old, making him a child under the Children Act. He remained on remand for over 9 years without trial. On 3 April 2023, defence counsel raised a preliminary objection, arguing that the accused was a juvenile illegally charged and remanded as an adult. The State Attorney conceded that the accused was a juvenile offender aged 17 at the time of the alleged offence and that his rights had been violated.

Issues

  1. Whether the accused, who was a minor aged 17 years at the time of the alleged offence, could lawfully be tried as an adult.
  2. Whether the trial should proceed after the juvenile offender had been illegally remanded for over 9 years in violation of the Children Act.
  3. Whether the trial should be discontinued in the interests of justice where the juvenile had already spent three times the maximum detention order applicable to children.

Orders

  • Trial discontinued under section 17(2)(a) of the Judicature Act read together with sections 94(g) and 99 of the Children Act.
  • The juvenile offender discharged and set free unless held on other lawful charges.

Rules and key headnotes

Juvenile Justice — Definition of Child — Age at Time of Offence
A person below the age of 18 years at the time of commission of an alleged offence is a child under section 2 of the Children Act and must be treated as a juvenile offender regardless of their current age or any upgrading of age by prosecution or police.
Juvenile Justice — Remand of Children — Maximum Period and Conditions
Where a child is charged with an offence triable by the High Court, remand in custody shall not exceed six months under section 91(a) of the Children Act, and no child shall be detained in an adult prison under section 91(6). After six months, the child is entitled to automatic bail or bond.
Juvenile Justice — Time Limits for Trial — Discharge for Delay
Where a case involving a child is not completed within twelve months after plea has been taken before the High Court, the case shall be dismissed and the child discharged and shall not be liable to any further proceedings for the same offence under section 99(4) of the Children Act.
Juvenile Justice — Expeditious Hearing — Time is of Essence
Every case involving a child shall be handled expeditiously and without unnecessary delay under section 99(1) of the Children Act. Time is of essence in all matters affecting children, and the High Court must take plea of a child committed for trial immediately and fix trial at the earliest convenient session. A purposive interpretation of the Children Act requires that trial of a child committed to the High Court must be commenced within six months of committal.
Fair Trial Rights — Right to Expeditious Hearing — Delay and Prejudice
Failure to expedite trials violates the right to a fair and expeditious hearing guaranteed under Articles 28 and 44 of the Constitution of the Republic of Uganda. The practice of prosecution being ready while the judiciary is not ready to conduct trials cannot be blamed on the accused or child offender.
Juvenile Justice — Maximum Detention Order — Three Years
Even if a juvenile offender is tried and found guilty of an offence triable by the High Court, the court would remit the matter to the Family and Children Court for an order, and the maximum detention order that may be imposed is three years under section 94(g) of the Children Act.
Juvenile Justice — Discontinuance of Trial — Interests of Justice
Where a juvenile offender has been illegally detained beyond the statutory time limits and has already served a period exceeding the maximum detention order applicable to children, the court may discontinue the trial under section 17(2)(a) of the Judicature Act in the interests of justice as the trial would serve no legal purpose.

Legislation cited (13)

Full judgment

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Uganda v Kakube Stone alias Topher (Criminal Session 74 of 2022) [2023] UGHC 504 (29 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.