Wakilii

Uganda v Kasujja (Criminal Application 17 of 2023)

High Court · [2023] UGHCICD 13 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by prosecution for trial to proceed in absence of accused who absconded after being granted bail
Decision
Trial ordered to proceed in absence of accused who absconded after being granted bail

Observed later treatment

Cited — treatment unverified cited in 2 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

No adverse treatment recorded Cited 2 times with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that where an accused person on bail deliberately absconds and cannot be traced, he waives his constitutional right to be present at trial. The court has discretion under Article 28(5) of the Constitution to order that the trial proceed in the accused's absence where his behavior renders continuation in his presence impracticable. Application granted; trial to proceed without the accused who absconded in December 2021.

Outcome

Trial ordered to proceed in absence of accused who absconded after being granted bail

Facts

The Respondent was jointly charged with seven others in HCT-00-ICD-SC-0003-2018 on charges of Murder, Aggravated Robbery and Aiding and Abetting Terrorism relating to the killing of AIP Andrew Felix Kaweesi, his driver and bodyguard. The Respondent was granted bail vide Miscellaneous Application No. 12 of 2018. Criminal summons were served at his last known address in Railway Quarters LC1 Port Bell Luzira but he was not found. A warrant of arrest was issued on 2 May 2023 and published in the New Vision on 11 May 2023 without response. The Chairperson LC1 informed police that the Respondent disappeared with his family in December 2021. His brother Zziwa Muzamiru reported the disappearance to Kitintale Police Station. Investigations revealed that the Respondent had allegedly fled to the Democratic Republic of Congo through porous borders. The other seven co-accused persons complied with bail terms and continued reporting. The prosecution applied for the trial to proceed in the Respondent's absence.

Issues

  1. Whether criminal proceedings in HCT-00-ICD-SC-0003-2018 can continue against the Respondent in his absence.

Orders

  • The Respondent has been absconding and it is a deliberate act by the Respondent intended to frustrate the completion of his case.
  • The criminal proceedings against the Respondent in the International Crimes Division of the High Court shall continue in the absence of the Respondent.

Rules and key headnotes

Criminal Law & Procedure — Trial in Absentia — Constitutional Right to Fair Hearing — Waiver by Deliberate Absconding
An accused person who is granted bail and deliberately absconds, rendering himself untraceable, waives his constitutional right under Article 28 of the Constitution to be present at his trial.
Constitutional Law — Right to Fair Hearing — Article 28(5) Exception — Trial Proceeding in Accused's Absence
Under Article 28(5) of the Constitution, a trial may proceed in the absence of an accused person without his consent where the accused so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court makes an order for the trial to proceed in his absence.
Criminal Law & Procedure — Trial in Absentia — Considerations for Court — Hayward Principles
In determining whether to order a trial to proceed in the absence of an accused person, the court must consider: (a) the nature and circumstances of the defendant's behavior in absenting himself and whether deliberate, voluntary and such as plainly waived his right to appear; (b) the seriousness of the offence; (c) the general public interest that trials take place within a reasonable time; (d) the effect of delay on witnesses' memories; and (e) where there are co-defendants who have not absconded, the undesirability of separate trials and the prospects of a fair trial for defendants who are present.
Criminal Law & Procedure — Fair Trial — Public Interest — Rights of Victims and Co-Accused
A trial is not only for the accused person. Fairness in a trial extends to complainants, victims and the public. Where an accused person skips bail, he prevents the trial from being fair as against all the others. To allow an accused person to abscond and stay the prosecution would disarm the State in its administration of justice.
Criminal Law & Procedure — Bail Conditions — Obligation to Attend Court — Effect of Non-Compliance
An accused person who is granted bail with conditions to report to court has a duty to present himself in court for his trial as and when required. If he absents himself deliberately and without satisfactory justification, he has waived his right to be present at his trial and the trial should be conducted in his absence.

Legislation cited (9)

Cases cited (6)

  • Ethan Newry and Regina (Court of Appeal SCCrApp No. 75 of 2010)
  • Uganda v Gulindwa Paul (HCT-00-AC-CM-0005-2015)
  • R v Hayward [2001] 3 WLR 125
  • Uganda v Hon. Herbert Kabafunzaki (Criminal Case No. 0007 of 2017)
  • Uganda v Gulindwa Paul and Tumusiime (HCT-00-AC-CM-005-2015)
  • Regina v Jones [1972] 1 WLR 887

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Uganda v Kasujja (Criminal Application 17 of 2023) [2023] UGHCICD 13 (18 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.