Uganda v Kyagaba Charles (Criminal Sessions Case 781 of 2023) [2026] UGHC 620 (6 May 2026)

# Uganda v Kyagaba Charles (Criminal Sessions Case 781 of 2023) [2026] UGHC 620 (6 May 2026) [ Share this document on WhatsApp opens in new tab __](https://api.whatsapp.com/send?text=Uganda+v+Kyagaba+Charles+%28Criminal+Sessions+Case+781+of+2023%29+%5B2026%5D+UGHC+620+%286+May+2026%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fughc%2F2026%2F620%2Feng%402026-05-06) [ Share this document on X opens in new tab __](https://twitter.com/intent/tweet?text=Uganda+v+Kyagaba+Charles+%28Criminal+Sessions+Case+781+of+2023%29+%5B2026%5D+UGHC+620+%286+May+2026%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fughc%2F2026%2F620%2Feng%402026-05-06) [ Share this document on Facebook opens in new tab __](https://www.facebook.com/sharer/sharer.php?u=https://ulii.org/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06) [ Share this document on LinkedIn opens in new tab __](https://www.linkedin.com/sharing/share-offsite/?url=https://ulii.org/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06) [ Share this document by email __](mailto:?subject=Take%20a%20look%20at%20this%20document%20from%20ULII:%20Uganda%20v%20Kyagaba%20Charles%20\(Criminal%20Sessions%20Case%20%E2%80%A6&body=https://ulii.org/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06) [ Download RTF (942.9 KB) ](/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06/source) Toggle dropdown * [Download PDF](/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06/source.pdf) Report a problem ##### Is there something wrong with this document? Problem category *Incorrect informationMissing informationNo PDF downloadDocument is emptyDocument is not accessible on my deviceOther What's the problem? * Your email address * CancelReport problem __ * Share * [ Download RTF (942.9 KB) ](/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06/source) * [Download PDF](/en/akn/ug/judgment/ughc/2026/620/eng@2026-05-06/source.pdf) * * * * * Report a problem __ ##### Uganda v Kyagaba Charles (Criminal Sessions Case 781 of 2023) [2026] UGHC 620 (6 May 2026) Copy citation * __Document detail * __Related documents Citation Uganda v Kyagaba Charles (Criminal Sessions Case 781 of 2023) [2026] UGHC 620 (6 May 2026) Copy Media Neutral Citation [2026] UGHC 620 Copy Hearing date 6 May 2026 Court [High Court of Uganda](/en/judgments/UGHC/) Court registry [Entebbe High Court](/en/judgments/UGHC/UGHC-entebbe-high-court/) Case number Criminal Sessions Case 781 of 2023 Judges [Karoli Lwanga Ssemogerere, J](/en/judgments/all/?judges=Karoli%20Lwanga%20Ssemogerere%2C%20J) Judgment date 6 May 2026 Language English Summary Court refused to stay criminal trial pending civil applications, reallocating the civil matter and ordering prosecution to proceed. ###### Flynote * Criminal Procedure — Stay of Proceedings — Whether civil proceedings can stay criminal trial — Human Rights Enforcement Act ss 8 & 11; Trial on Indictments Act s 51(2) * Civil Procedure — Allocation of Proceedings — Reallocation of matters to Civil Division where challenge concerns Civil Division orders * Constitutional Law — Right to Fair and Speedy Trial — Limits on interlocutory delay and prevention of abuse of court process Read full summary __ ##### Ask AI Ask questions and understand this document faster using AI. __Ask AI * * * Skip to document content **THE REPUBLIC OF UGANDA** **IN THE HIGH COURT OF UGANDA AT ENTEBBE** **HCT-00-CR-SC-0781-2023** **UGANDA===========================PROSECUTION** **VERSUS** **KYAGABA CHARLES =======================ACCUSED** _**RULING ON PRELIMINARY OBJECTION TO COMMENCEMENT OF PROCEEDINGS BEFORE HON. JUSTICE KAROLI LWANGA SSEMOGERERE**_ _**Representation**_**:** The learned Director of Public Prosecutions was represented by Mr Joseph Kyomuhendo, Chief State Attorney, assisted by Ms. Janaat Kitimbo, Chief State Attorney Entebbe. The accused person is represented by Mr. Musa Kabega assisted by Ms. Christine Namaganda and Ms. Rachel Namiwuya. _**Brief Facts**_ : At commencement of proceedings, court made an inquiry whether learned Counsel for the accused persons had any objection to the propriety of the indictment under Section 51(2) of the Trial on Indictments Act, Cap 25. In reply, they brought to the attention two matters filed at the High Court in Entebbe on May 8, 2026. These were, Misc. Application 0012/2026 and Misc. Application No. 13 of 2026. In respect of both applications, the respondent is the Learned Attorney General and matters were civil in nature. Misc. 13 of 2026 is directed at proceedings in this court, applying for an interim stay arising out of Misc. 12 of 2026 challenging these proceedings as subject of another matter in the Civil Division of the High Court where judgment has been rendered. **Consideration by Court** : Court has a duty to ensure propriety of proceedings to safeguard the right to a fair hearing. IN RESPECT OF 12/2026. I will refer to Paragraph 7 of the Notice of Motion which refers to Misc. Cause No. 133 of 2023 a decision of the Civil Division of the High Court. The complaint belongs to the Court which made the respective orders ad is more familiar with the record of proceedings and orders it made. I direct that the appropriate court to hear Misc. Application No. 12 of 2026 is the Civil Division of the High Court. The application is referred to the Civil Division for appropriate management. I will turn to the powers granted the High Court under Section 8 of the Human Rights Enforcement Act, Cap 12, to stay proceedings in the course of a trial. These powers must be read together with Section 11 of the same Act, which vests in court the powers to make a finding that the accused’s non-derogable rights have been infringed upon. This power enforces Article 44(c) of the Constitution which provides for a right to a fair hearing. I am satisfied, that in the context of a criminal trial, absent a specific allegation calling for invocation of Section 8(1) of the Human Rights Enforcement Act, the only residual power in this court under Section 51(2) of the Trial on Indictments Act, Cap 25 (the Trial on Indictments Act) is to order for alternation to an indictment except where no amendment is permitted. Court is prohibited from making amendment in the sole circumstance where no offence is disclosed by the evidence in the summary of the case prepared under Section 168 of the Magistrates Courts Act, Cap 19 (the “Magistrates Courts Act”). I will also refer to Section 17(2)(a) of the Judicature Act, Cap 16, which vests in the High Court powers “to prevent abuse of process of the court by curtailing delays in trials and delivery of judgment including the power to limit and discontinue prosecutions.” The powers of the High Court in these three enactments are a logical protection of the accused person’s right to fair and speedy hearing under Article 28(1) and 44(a) of the Constitution. Article 28(1) of the Constitution provides: “In the determination of civil rights and obligations, or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent, and impartial tribunal established by law.” The accused person enjoys all rights including a presumption of innocence until proven guilty or until that person has pleaded guilty and all other listed rights in **Article 28(3) of the Constitution**. The accused person’s right to a fair and speedy trial is being unfairly prejudiced by multiple applications whose only purpose is to delay the course of justice to both the accused and the complainants. I also note the DPP has not been asked to respond to your application as DPP Is not a party to the applications. The hearing is ex-parte in the circumstances. The functions of the DPP are provided for in **Article 120(5)** **of the Constitution** and proscribing his or her role must take into account the public interest in the administration of justice and the need to prevent abuse of court process. Court has independently made this observation. **Findings and Conclusion** : As this objection is of a preliminary nature, court is pleased to make the following findings. 1. MA 0012/2026, is ordered re-allocated to the Civil Division. 2. MA 0013/2026 is dismissed as it arises out of MA 0012/2026. There are no proceedings to stay in Entebbe High Court Circuit. 3. All other conferenced applications which are also of a civil nature are ordered fixed before the Resident Judge, Entebbe. 4. Prosecution in this matter proceeds immediately. 5. In the absence of any other challenge to the indictment as read in the manner provided under the law, the amended indictment is ordered read again to the accused to take plea. 6. Prosecution is ordered to commence prosecution. I SO ORDER, DATED AT KAJJANSI IN THE HIGH COURT CIRCUIT OF ENTEBBE, THIS 6TH DAY OF MAY 2026. SSEMOGERERE, KAROLI LWANGA JUDGE. Ruling is delivered in open court on May 6th, 2026 in the presence of Mr. Joseph Kyomuhedo, Ms. Janat Kitimbo Counsel for the Prosecution and Mr. Musa Kabega, Ms. Christine Namaganda and Ms. Rachel Namiwuya Learned Counsel for the Respondent. Accused person is in court. A transcribed copy of the ruling is delivered for uploading on ECCMIS on June 1, 2026. Counsel on delivery of the same ruling walked out of court. Page **2** of **2** #### __Related documents #### More documents like this one ▲ To the top >