• Home
  • National
    • Politics
    • Global
    • East Africa
    • Featured
    • Health
    • Investigations
    • Science
    • Security
    • Tech
  • News
  • Business
  • Entertainment
    • Lifestyle
  • Sports
    • Basketball
    • Football
    • Gaming
    • Golf
    • Netball
    • Volleyball
  • Exclusive
  • Travel
  • About us
Wednesday, October 28, 2026
  • Login
  • Register
UG Bulletin
Advertisement
  • Home
  • National
    • Politics
    • Global
    • East Africa
    • Featured
    • Health
    • Investigations
    • Science
    • Security
    • Tech
  • News
  • Business
  • Entertainment
    • All
    • Movie
    • Music
    MultiChoice introduces new DStv packages

    Inside DStv’s new packages, prices

    MultiChoice introduces new DStv packages

    MultiChoice introduces new DStv packages

    Kampala Crème returns for Season 4 with three new faces

    Kampala Crème returns for Season 4 with three new faces

    Sweet Kids Foundation turns viral chicken dance into a digital sensation

    Sweet Kids Foundation turns viral chicken dance into a digital sensation

    Koffi Olomide brings Congolese Rumba to Gulu on October 9

    Koffi Olomide brings Congolese Rumba to Gulu on October 9

    Qweshunga turns Ndere Cultural Centre into an adult playground

    Qweshunga turns Ndere Cultural Centre into an adult playground

    Club Canvas On the Move turns on Mbarara

    Club Canvas On the Move turns on Mbarara

    Club Pilsener takes Club Canvas on the road to Mbarara

    Club Pilsener takes Club Canvas on the road to Mbarara

    Club Pilsener brings Kigali, Kampala together at Afro Urban music showcase

    Club Pilsener brings Kigali, Kampala together at Afro Urban music showcase

    • Lifestyle
  • Sports
    • Basketball
    • Football
    • Gaming
    • Golf
    • Netball
    • Volleyball
  • Exclusive
  • Travel
  • About us
No Result
View All Result
  • Home
  • National
    • Politics
    • Global
    • East Africa
    • Featured
    • Health
    • Investigations
    • Science
    • Security
    • Tech
  • News
  • Business
  • Entertainment
    • All
    • Movie
    • Music
    MultiChoice introduces new DStv packages

    Inside DStv’s new packages, prices

    MultiChoice introduces new DStv packages

    MultiChoice introduces new DStv packages

    Kampala Crème returns for Season 4 with three new faces

    Kampala Crème returns for Season 4 with three new faces

    Sweet Kids Foundation turns viral chicken dance into a digital sensation

    Sweet Kids Foundation turns viral chicken dance into a digital sensation

    Koffi Olomide brings Congolese Rumba to Gulu on October 9

    Koffi Olomide brings Congolese Rumba to Gulu on October 9

    Qweshunga turns Ndere Cultural Centre into an adult playground

    Qweshunga turns Ndere Cultural Centre into an adult playground

    Club Canvas On the Move turns on Mbarara

    Club Canvas On the Move turns on Mbarara

    Club Pilsener takes Club Canvas on the road to Mbarara

    Club Pilsener takes Club Canvas on the road to Mbarara

    Club Pilsener brings Kigali, Kampala together at Afro Urban music showcase

    Club Pilsener brings Kigali, Kampala together at Afro Urban music showcase

    • Lifestyle
  • Sports
    • Basketball
    • Football
    • Gaming
    • Golf
    • Netball
    • Volleyball
  • Exclusive
  • Travel
  • About us
No Result
View All Result
UG Bulletin
No Result
View All Result
Home Featured

Supreme Court faults Court of Appeal over discharge of man convicted of murder

by Musa Mbogo
in Featured, News
Reading Time: 5 mins read
0
A A
0
Watu field officer jailed for stealing, flashing company smartphones
Share on FacebookShare on TwitterShare on LinkedinShare on WhatAappShare by Email

The Supreme Court has faulted the Court of Appeal for discharging a man convicted of murder after the High Court lost the written judgment explaining his conviction, ruling that the case should instead have been returned to the trial court for a fresh judgment based on the evidence already on record.

In a declaratory judgment in Uganda v Kaye Samuel, the Supreme Court justices held that although the Court of Appeal was right to set aside the conviction and decline to order a retrial, it erred in discharging the convict without considering the option of directing the High Court to prepare another judgment.

“The more appropriate course ought to have been for the Court of Appeal to remit the case file back to the High Court for judgment writing,” the justices ruled.

The case arose from the murder of Nakanyike Topista, who was killed on April 3, 2009, at Munyolwe Village in Nakaseke District following a dispute over land ownership.

According to prosecution evidence presented before the High Court in Luwero, Kaye and another man attacked Nakanyike while she was cultivating her garden, assaulting her with kicks, bodily blows and a blunt weapon.

She collapsed during the attack and died shortly afterwards. A postmortem report attributed her death to strangulation and beatings.

The High Court, presided over by Justice Kabiito, convicted Kaye of murder and sentenced him to 30 years in prison following a sentencing hearing.

However, when Kaye sought to appeal against his conviction, he was unable to obtain the written judgment setting out the trial judge’s reasons for finding him guilty.

Although court proceedings indicated that the judge had delivered the judgment in open court on November 8, 2011, the document was never made available to either the prosecution or the convict.

Kaye subsequently appealed to the Court of Appeal, arguing that the failure to provide the judgment had occasioned a miscarriage of justice.

The Court of Appeal set aside his conviction and sentence, holding that the missing judgment made it impossible to properly determine his appeal. It also declined to order a retrial, citing concerns that the passage of approximately 12 years could have affected witnesses’ memories and undermined the fairness of a fresh trial.

The court consequently ordered his discharge from custody.

The Director of Public Prosecutions challenged that decision before the Supreme Court, arguing that the Court of Appeal had placed the interests of the convict above those of the victim, her family and society.

In its judgment, the Supreme Court emphasised that a written judgment is a mandatory requirement in criminal trials conducted under indictment.

The justices relied on Section 86 of the Trial on Indictments Act, which requires a judgment to set out the issues for determination, the court’s findings on those issues and the reasons for its decisions.

The court held that failure to prepare or preserve a written judgment on the court record renders the trial court’s decision unlawful and liable to be set aside.

“We are of the view that Section 86 of the TIA creates a mandatory rule requiring the High Court to produce a written judgment to explain its decision in every indictment trial,” the justices stated.

The Supreme Court also rejected the prosecution’s argument that the Court of Appeal could simply re-evaluate the evidence and determine whether Kaye was guilty despite the missing judgment.

According to the justices, an appellate court must use the trial judge’s judgment as a point of reference when reviewing a conviction.

“We hold the view that it would be erroneous for a first appellate Court to consider a convict’s appeal in the absence of a written judgment of the trial Court,” the judgment states.

The justices explained that allowing the Court of Appeal to assess the evidence without the trial judgment would effectively turn it into a trial court.

The Supreme Court agreed with the Court of Appeal that a retrial would not have been appropriate under the circumstances.

It relied on principles established in Fatehali Manji v The Republic, which held that a retrial should be ordered only where the interests of justice require it and where doing so would not cause injustice to the accused.

The justices noted that the Court of Appeal had been concerned that the lengthy period since the original trial could have eroded witnesses’ memories or affected the reliability of their evidence.

“We find these findings of the Court of Appeal reasonable and we think this was not an appropriate case to order a retrial,” the Supreme Court ruled.

However, the justices questioned the conclusion that discharging Kaye was the only alternative once a retrial had been ruled out.

They noted that Rule 32(1) of the Court of Appeal Rules empowers the court to remit proceedings to the High Court with appropriate directions.

Since the original trial proceedings and evidence remained available, the Supreme Court said the Court of Appeal should have returned the case file to the High Court for judgment writing instead of discharging Kaye.

The justices also said the decision to discharge him failed to adequately consider the interests of the deceased’s family and the wider society.

“This is a case where the compelling evidence on record confirms the involvement of the respondent in the murder of the deceased and the interests of justice required bringing him to account for committing a serious crime,” the judgment states.

The Supreme Court allowed the appeal by the Director of Public Prosecutions and made four substantive declarations concerning the handling of cases in which trial court judgments go missing.

It ruled that the Court of Appeal was right to set aside Kaye’s conviction and sentence because the written judgment explaining his conviction was missing. It also upheld the decision not to order a retrial.

However, the justices declared that the Court of Appeal erred in discharging him and should instead have remitted the case file to the High Court for judgment writing.

The Supreme Court clarified that its declaratory judgment does not reverse the Court of Appeal’s order discharging Kaye from custody.

“In accordance with Section 5 (1) (c) of the Judicature Act, Cap. 16, this declaratory judgment does not reverse the Court of Appeal’s decision to discharge the respondent from custody after setting aside his murder conviction and sentence,” the court stated.

The ruling was delivered by a panel comprising Justices Lillian Tibatemwa-Ekirikubinza, Percy Night Tuhaise, Mike J. Chibita, Elizabeth Musoke and Monica Kalyegira Mugenyi.

The decision highlights the consequences of losing critical court records and underscores the importance of preparing, maintaining and preserving written judgments, particularly in serious criminal cases involving appeals against conviction.

Tags: Court of AppealCourt of Appeal Rulescourt recordscriminal appealcriminal justice systemdeclaratory judgmentDirector of Public Prosecutionsdischarge from custodyDPPJudicature ActJudicial accountabilityJustice KabiitoKaye SamuelLand disputeLuwero High Courtmiscarriage of justicemissing court judgmentmurder caseMurder convictionNakanyike TopistaNakaseke districtretrialRule 32(1)Section 86Trial on Indictments ActUganda judiciaryUganda Supreme Court
ShareTweetShareSendSend
Musa Mbogo

Musa Mbogo

Recommended

PostBank shines during  2024 ICPAU awards

PostBank shines during 2024 ICPAU awards

September 10, 2024
Museveni woos Italian investors to Uganda

Museveni woos Italian investors to Uganda

March 14, 2024

Popular News

  • Top 10 African countries with exceptionally beautiful women

    Top 10 African countries with exceptionally beautiful women

    0 shares
    Share 0 Tweet 0
  • FULL LIST: Uganda’s best performing schools, pupils in PLE 2025

    0 shares
    Share 0 Tweet 0
  • Museveni’s daughter, Diana goes public about divorcing with husband, Kamuntu

    0 shares
    Share 0 Tweet 0
  • Where to pick your renewed National ID

    0 shares
    Share 0 Tweet 0
  • Spiro raises $50m to expand Africa’s battery-swapping and e-mobility network

    0 shares
    Share 0 Tweet 0

Connect with us

About us

Join us on this journey as we continue to be your trusted source for the bold, accurate, and authoritative news, information, and knowledge you need to stay informed, engaged, and inspired. Uganda's stories are worth telling, and UG Bulletin is here to bring them to you.

Jinja officials benchmark KCCA on pedestrian safety, traffic control
General

Jinja officials benchmark KCCA on pedestrian safety, traffic control

Jinja City officials have visited the Kampala Capital City Authority (KCCA) to learn how improved road design, speed management and ...

October 28, 2026
Four years, countless stories; Colline Wabomba is making his time in Uganda’s media industry count
News

Four years, countless stories; Colline Wabomba is making his time in Uganda’s media industry count

Colline Wabomba is celebrating four years in Uganda’s media industry, marking a milestone at a time when digital platforms are ...

October 28, 2026
PSU, Abacus expand pharmacy training opportunities across four universities
News

PSU, Abacus expand pharmacy training opportunities across four universities

The Pharmaceutical Society of Uganda (PSU) and Abacus Parenteral Limited have agreed to expand opportunities for pharmacy students through increased ...

October 28, 2026
Chinese buyers seek to cut out middlemen in Ugandan coffee trade
Business

Chinese buyers seek to cut out middlemen in Ugandan coffee trade

Coffee importers and roasters in Guiyang, a city in southwest China, are seeking to buy directly from Ugandan exporters and ...

October 28, 2026
Centenary Bank partners Airtel Money to bring loans to unbanked Ugandans
Business

Centenary Bank partners Airtel Money to bring loans to unbanked Ugandans

Centenary Bank has partnered with Airtel Money and gnuGrid to launch Kwaata Sente, a digital lending product designed to expand ...

October 28, 2026

Category

  • Archives
  • Basketball
  • Business
  • East Africa
  • Entertainment
  • Exclusive
  • Fashion
  • Featured
  • Football
  • Gaming
  • General
  • Global
  • Golf
  • Health
  • Investigations
  • Lifestyle
  • Movie
  • Music
  • National
  • Netball
  • News
  • Opinions
  • Politics
  • Science
  • Security
  • Sports
  • Tech
  • Travel
  • Volleyball

Featured Articles

  • Trending
  • Comments
  • Latest
MultiChoice introduces new DStv packages

Inside DStv’s new packages, prices

October 27, 2026
Tumukunde orders eviction of encroachers from gov’t rehabilitation centre land

Tumukunde orders eviction of encroachers from gov’t rehabilitation centre land

October 28, 2026
Jinja officials benchmark KCCA on pedestrian safety, traffic control

Jinja officials benchmark KCCA on pedestrian safety, traffic control

October 28, 2026
Four years, countless stories; Colline Wabomba is making his time in Uganda’s media industry count

Four years, countless stories; Colline Wabomba is making his time in Uganda’s media industry count

October 28, 2026
  • About
  • Activate
  • Activity
  • Blog
  • Cart
  • Checkout
  • Contact
  • Home
  • Home 2
  • Home 4
  • Home 5
  • Members
  • My account
  • Privacy Policy
  • Register
  • Sample Page
  • Shop
  • Terms of Use

© 2023 UG Bulletin - Bold, Accurate, Authoritative by Ultimate Multimedia Consult.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • National
    • Politics
    • Global
    • East Africa
    • Featured
    • Health
    • Investigations
    • Science
    • Security
    • Tech
  • News
  • Business
  • Entertainment
    • Lifestyle
  • Sports
    • Basketball
    • Football
    • Gaming
    • Golf
    • Netball
    • Volleyball
  • Exclusive
  • Travel
  • About us

© 2023 UG Bulletin - Bold, Accurate, Authoritative by Ultimate Multimedia Consult.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.