The High Court in Kampala has quashed the conviction and removal order against an Eritrean child who was convicted of unlawfully entering and staying in Uganda, ruling that the record did not establish that her guilty plea was informed and unequivocal.
Justice Paul Gadenya Wolimbwa, in a judgment delivered on October 16, 2026, allowed an appeal filed by Selam Kasete, who had been convicted by the Nakawa Chief Magistrate’s Court on December 10, 2025.
Kasete, who filed the appeal through her lawful next friend, Asmelash Eden Kasete, had pleaded guilty to unlawfully entering and being present in Uganda, contrary to the Uganda Citizenship and Immigration Control Act.
The Nakawa court had cautioned her and ordered her removal to Eritrea through organised departure, while directing the Eritrean Embassy to cooperate with immigration authorities.
However, Justice Wolimbwa found that the trial court had failed to adequately examine the circumstances surrounding Kasete’s entry into Uganda and had not provided the safeguards required for a child facing criminal proceedings.
“The unexplored circumstances surrounding the Appellant’s entry, the lack of appropriate assistance for an unrepresented child, and the failure to inform her of her consular rights leave the record insufficient to establish an informed and unequivocal plea,” Justice Wolimbwa ruled.
The High Court noted that although a Tigrinya interpreter had been secured and the charge read to Kasete in a language she understood, the trial court had not sufficiently established whether she understood all the elements of the offence or the consequences of admitting guilt.
The court was also concerned that the prosecution had described Kasete as a juvenile who had allegedly been intercepted in a vehicle with other people suspected of being smuggled into Uganda.
According to the judgment, these circumstances should have prompted the trial court to establish her age and consider the special safeguards applicable to children.
Justice Wolimbwa said the court should also have examined how Kasete crossed the border, whether she entered Uganda voluntarily and whether she had sought international protection.
“These facts required the court to ascertain her age and consider the safeguards applicable to a child,” the judge said.
The High Court further found that Kasete had been unrepresented during the proceedings, with no inquiry into her age and no parent, guardian, probation officer or social welfare officer present.
The judge also faulted the trial process for failing to inform the Eritrean national of her consular rights under the Vienna Convention on Consular Relations.
Justice Wolimbwa emphasised that consular assistance should not replace the State’s obligation to ensure that a child facing criminal proceedings receives appropriate legal and procedural safeguards.
“The protections cannot depend on whether a foreign mission is able or willing to assist,” he ruled.
Consequently, the judge quashed the conviction and set aside the caution, removal order and directive requiring the Eritrean Embassy to cooperate in Kasete’s removal to Eritrea.
The High Court ordered that no attempt be made to remove her from Uganda unless a fresh order is lawfully issued in accordance with immigration, child protection and refugee laws.
The case was remitted for a prompt retrial before a different magistrate sitting as a Family and Children Court.
Justice Wolimbwa directed that the retrial begin with a fresh plea and that Kasete be provided, at no cost to her, with a suitably trained and impartial interpreter competent in both Tigrinya and English and experienced in communicating with children.
The court also directed that Kasete be informed of her consular rights and that any request for consular notification be promptly communicated to the relevant authorities.
The judge ordered that Kasete be presented before court for plea-taking by October 21, 2026.
The Deputy Registrar was also directed to transmit the original trial record and a copy of the judgment to the Chief Magistrate’s Court in Nakawa within two days.
