Uganda v Musoke Mark (Criminal Session Case 31 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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.

Holding

The High Court terminated criminal proceedings against an accused person under section 17(2)(a) of the Judicature Act where prosecution confirmed the accused no longer resided at their known address, their phone numbers were out of service, and there was no feasible way to conduct trial. The accused was ordered released unless held on other lawful charges.

Outcome

Accused ordered released unless held on other lawful charges

Facts

The prosecution brought a criminal case against Musoke Mark. On April 28, 2026, the investigating officer AIP Zirabwa Rurth informed the court that after visiting the accused's residence in Kawuku and consulting the LC I Chairman, it was established that the accused no longer lived at that locality. The prosecution further reported that the accused's known phone numbers were no longer in service. The prosecution conceded that there was no feasible way to conduct a criminal trial of the accused person.

Issues

1. Whether the court should terminate criminal proceedings where the accused cannot be located and there is no feasible way to conduct trial

Orders

• Proceedings against the accused person terminated.
• All proceedings in this indictment against the accused person terminated.
• Accused person ordered set free forthwith unless held on other lawful charges.

Legislation cited (1)

• Judicature Act Cap 16 s.17(2)(a)

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