Kampala, Uganda
A series of high-stakes criminal cases before Justice Isaac Muwata at the High Court have been dismissed for want of prosecution. The failure to bring these cases to trial by the prosecution has raised concerns about the State’s dedication to justice and accountability. Highlighted below are the key cases and the common ground for their dismissal under Section 17(2)(a) of the Judicature Act.
In the case of Muyirima Geoffrey, the state was unable to produce any witnesses, and efforts to reach the complainant proved futile. Similarly, in the trial involving Kizza Charles and Kadogo Hashim, the prosecution struggled to locate the victims who had moved from their known location. Galiwango Sulaiman’s trial for aggravated robbery was also terminated. The absence of witnesses and their constant request for adjournments led to the dismissal of the case. On the other hand, in the matter of Kanyiriri Ismail, the complainant, who was also the accused’s wife, declined to testify. Despite the presence of an investigator and medical personnel, the case was dismissed for lack of prosecution. All cases were terminated under Section 17(2)(a) of the Judicature Act.
Section 17(2)(a) of the Judicature Act grants the court power to dismiss a case when there is a failure or lack of prosecution. This provision serves as a legal recourse when the state fails to present witnesses or establish a viable case against the accused. In the aforementioned cases, the court invoked this provision, highlighting the importance of timely prosecution and the responsibility to present compelling evidence.
