5 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
(CRIMINAL DIVISION)
CRIMINAL APPEAL NO. 49 OF 2023
ARISING FROM THE CHIEF MAGISTRATES’ COURT OF BUGANDA ROAD
10 CRIMINAL CASE NO. 220 OF 2022
HABIB BUWEMBO ……………………..……….…………………………… APPELLANT
Vs.
UGANDA ………………………………………..…...……………………… RESPONDENT
15
JUDGEMENT
BEFORE HON. JUSTICE GADENYA PAUL WOLIMBWA
1.0. Introduction
On 25th February 2022, Buwembo Habib, hereinafter called the Appellant, was charged with the
20 Offense of threatening violence contrary to section 81(a) of the Penal Code Act. The prosecution
case was that the Appellant and others still at large, during February 2022, in Kampala District,
with the intent to intimidate or annoy Honourable Anita Among, the then Deputy Speaker of the
Parliament of Uganda, threatened to injure her. However, on 28 February 2023, H/W
Owomugisha Siena dismissed the matter for want of prosecution. Being dissatisfied with the
25 decision of H/W Owomugisha Siena on 16th June 2023, the Appellant filed this appeal because:
1. The Learned Trial Magistrate erred in law and fact when she ignored the alternative
suspect theory that the complainant threatened herself.
2. The Learned Trial Magistrate erred in law and fact when she failed to order the return of
the Appellants Gadget after dismissing him.
30 3. The Learned Trial Magistrate erred in law and fact when she did not order the
prosecution to compensate the Appellant with costs and damages after incarcerating him
in Luzira Prison and making him suffer for no reason.
1
35 2.0. Issue for Determination
1. Whether the Appeal before this court was properly instituted within the statutory time for
filing appeals?
3.0. Determination of Issue
40 Issue: Whether the Appeal before this court was properly instituted?
Section 28 of the Criminal Procedure Code Act, which governs the filing of criminal appeals,
provides as follows:
“(1). Every appeal shall be commenced by a notice in writing which shall be signed by the
appellant or an advocate on his or her behalf and shall be lodged with the registrar within
45 fourteen days of the date of judgment or order from which the appeal is preferred.
(2). Every notice of appeal shall state shortly the effect of the judgment or order appealed
against and shall-
(a) Contain a full and sufficient address at which any notices or documents connected with the
appeal may be served on the appellant or his or her advocate, and;
50 (b). except where subsection (3) applies, state the general grounds upon which the appeal is
preferred.
(3). If the appellant or an advocate on his or her behalf indicates at the time of filing a notice of
appeal that he or she wishes to peruse the judgment or order appealed against before
formulating the grounds of appeal, he or she shall be provided with a copy of the judgment or
55 order, free of charge, and the grounds of appeal shall be lodged with the registrar within
fourteen days of the date of the service on him or her of the copy of the judgment or order.
(4). Where the appellant is represented by an advocate or the appeal is preferred by the Director
of Public Prosecutions, the grounds of appeal shall include particulars of the matters of law or
of fact in regard to which the court appealed from is alleged to have erred.
60 (5). Where an appellant who is not represented has not availed himself or herself of the
provisions of subsection (3), nothing in this section shall be read as preventing the appellate
2
court from permitting the appellant from raising any proper ground of appeal orally at the
hearing of the appeal.
(6). The appellate court may, for good cause shown, extend the periods mentioned in subsection
65 (1) or (3).”
According to section 28 of the Criminal Procedure Code Act, appeals shall be commenced by
either filing a Notice of Appeal containing the proposed grounds of appeal or a Notice of Appeal
with a request to the trial court to avail the appellant with the record of the lower court for
purposes of enabling them formulate grounds of appeal. The notice of appeal must be filed
70 within fourteen days of the judgment or order being appealed. However, where the appellant
requests for the record of the lower court, then they must file their memorandum of appeal within
14 days from the date of receipt of the record. In all other cases, if the appellant does not comply
with Section 28 of the Criminal Procedure Code Act, they must apply for leave to appeal out of
time under Section 31(1) of the Criminal Procedure Code Act. The court may enlarge the time
75 for appealing if the applicant shows sufficient cause.
In the instant case, the Appellant filed his Notice and Memorandum of Appeal on 16 th June 2023,
approximately three months and 19 days after the lower court dismissed the case for want of
prosecution. The Notice and Memorandum of Appeal were filed after the statutory 14-day period
provided for under Section 28(1) of the Criminal Procedure Code Act. The Appellant did not
80 seek an order to extend the time for appealing. Given this default, the Appellant does not have a
valid appeal before the court, and the appeal is consequently dismissed for being incompetent.
4.0. Decision
In the result, the Appeal is dismissed for being incompetent.
85 Gadenya Paul Wolimbwa
JUDGE
31st January 2024
