Wakilii

Uganda v Tukwasibwe (HCT-00-ICD-CR-SC 9 of 2022)

High Court · [2022] UGHCICD 1 · 2022 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ruling on preliminary objections challenging the jurisdiction of the International Crimes Division to try offences of aggravated trafficking in persons and defilement, and the propriety of the case transfer from High Court at Kabale to ICD Kampala
Decision
Preliminary objections dismissed; case to proceed to pre-trial in the International Crimes Division

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The International Crimes Division has jurisdiction to try offences under the Prevention of Trafficking in Persons Act regardless of where committed in Uganda. The ICD's unlimited original jurisdiction under Article 139 of the Constitution cannot be ousted by Section 18 of the Prevention of Trafficking in Persons Act. The Principal Judge acted within his constitutional and statutory administrative mandate under Article 141 and Section 20 of the Judicature Act in transferring the case. Preliminary objections dismissed.

Outcome

Preliminary objections dismissed; case to proceed to pre-trial in the International Crimes Division

Facts

The accused was charged with 13 counts of aggravated trafficking in persons and defilement and committed for trial to the High Court at Kabale. The prosecution applied by letter to transfer the case to the ICD at Kampala. The trial judge at Kabale declined the letter application and directed that a formal application be filed pursuant to the Judicature (Criminal Applications) Rules, ordering that if no such application was made by 31 August 2022, the hearing would proceed at Kabale. Instead of complying, the DPP wrote to the Principal Judge who invoked his administrative powers and directed the case be transferred to the ICD at Kampala. The accused raised preliminary objections challenging the ICD's jurisdiction and the propriety of the transfer process.

Issues

  1. Whether the International Crimes Division has jurisdiction to hear a case involving offences of aggravated trafficking in persons and defilement.
  2. Whether the transfer of the case by the Principal Judge from the High Court at Kabale to the ICD at Kampala was procedurally and legally proper.
  3. What remedies are available to the parties.

Orders

  • The objections are not sustainable and are accordingly dismissed.
  • The case shall proceed for pre-trial proceedings.

Rules and key headnotes

Constitutional Law — High Court Jurisdiction — Unlimited Original Jurisdiction — Article 139 Cannot Be Ousted by Statute
The unlimited original jurisdiction of the High Court conferred by Article 139 of the Constitution cannot be ousted by an Act of Parliament except by way of constitutional amendment.
Criminal Law & Procedure — Jurisdiction — International Crimes Division — Jurisdiction Over Human Trafficking Offences
The International Crimes Division has unlimited jurisdiction to try offences relating to human trafficking under Paragraph 6 of the Judicature (High Court) (International Crimes Division) Practice Directions 2011, regardless of where the offences were committed within Uganda.
Statutory Interpretation — Conflict Between Statute and Constitution — Supremacy of Constitution
Where a statutory provision appears to conflict with a constitutional provision conferring jurisdiction on the High Court, the constitutional provision prevails by virtue of the supremacy of the Constitution.
Administrative Law — Judicial Administration — Principal Judge's Powers — Transfer of Cases Between High Courts
The Principal Judge is vested with constitutional and statutory administrative mandate under Article 141 of the Constitution and Section 20 of the Judicature Act to determine the distribution of business before the High Court among judges and may transfer cases from one High Court to another in exercise of that mandate.
Criminal Law & Procedure — Fair Trial Rights — Pre-Trial Procedures — Compatibility with Right to Speedy Trial
Pre-trial procedures in the International Crimes Division, though detailed, facilitate rather than impinge on the right to a speedy trial by ensuring that all evidentiary and procedural issues are resolved before trial and that charges without sufficient evidence are eliminated at the earliest stage.

Legislation cited (17)

Cases cited (9)

  • A.G of Lagos State v Dosnmu (1989) 3 NWLR pt 111 pg 552
  • Paul K. Semogerere and 2 Others v Attorney General (Supreme Court Civil Appeal No. 1 of 2002)
  • Owners of Motor Vessel Lillian S v Caltex Oil Kenya Limited [1989] KLR 1
  • Mugume Ben and Another v Akankwasa Edward [2008] ULR 683
  • Attorney General and Uganda Land Commission v James Mark Kamoga and James Kamala (Supreme Court Civil Appeal No. 8 of 2004)
  • Uganda v Kassiano Ezati Wadri and 31 Others (High Court Criminal Revision No. 2 of 2018)
  • Rabo Enterprises (U) Ltd v Commissioner General, Uganda Revenue Authority (Court of Appeal No. 51 of 2003)
  • Uganda Projects Implementation and Management Centre v Uganda Revenue Authority (Constitutional Appeal No. 2 of 2009)
  • Commissioner General Uganda Revenue Authority v Meera Investments Ltd (Supreme Court Civil Appeal No. 22 of 2007)

Full judgment

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

Uganda v Tukwasibwe (HCT-00-ICD-CR-SC 9 of 2022) [2022] UGHCICD 1 (22 November 2022)
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.