Last updated on August 16th, 2024 at 09:39 am
Topic: Lack of Jurisdiction of the High Court to stay execution where there is a criminal appeal pending before the Supreme Court
Date of Judgment: July 23, 2024
Court: High Court of Uganda at Kampala (Anti-Corruption Division).
Case Number/Citation: HCT-OO-AC-CM-0051-2023 (Arising from HCT-OO-AC-SC-0003-2016)
Judge: Hon. Lady Justice Okuo Jane Kajuga
Summary Facts of the Case
The Applicant, Kiwanuka Kunsa Stephen and others, was convicted of corruption offenses and ordered to compensate the Government of Uganda Ushs 3,495,680,066/=.
He appealed against his conviction and compensation order in the Court of Appeal, which upheld the trial court’s decision.
Consequently, he appealed to the Supreme Court ( vide Supreme Court Criminal Appeal No. 38/2021).
During the appeal process, the Office of the Director of Public Prosecutions (ODPP) initiated execution proceedings to recover the compensation sums, prompting the Applicant to apply to the High Court seeking a stay of execution until the determination of his appeal pending before the Supreme Court.
Main Legal Issues
- Whether the High Court had jurisdiction to grant a stay of execution in a case with a pending criminal appeal in the Supreme Court.
The Decision of the Court
The High Court dismissed the application for want of jurisdiction.
The court determined that it did not have the authority or Jurisdiction to stay execution in cases where there is a pending criminal appeal before the Supreme Court.
The court held that this Jurisdiction is vested in the Supreme Court itself under Rule 6(2)(a) of the Judicature (Supreme Court Rules) Directions which provides that:
“Subject to sub-rule (1) of this rule, the institution of an appeal shall not operate to suspend any sentence or to stay execution, but the court may, in any criminal proceedings where notice of appeal has been given in accordance with rules 56 and 57 of these Rules, order that the appellant be released on bail or that the execution of any warrant of distress be suspended pending the determination of the appeal.”
The Court further noted that under Rule 41(1) of the Supreme Court Rules, there may be instances where such applications may be made before either the Supreme Court or the Court of Appeal, in which case, the rules provide that the application be made before the Court of Appeal first.
The rules make no mention of the High Court.
Key Quote
“This court is not vested with the jurisdiction to grant a stay of execution where there is a criminal appeal pending in the Supreme Court. I uphold the objection raised by Counsel for the respondent and this disposes of the entire application.” – Justice Okuo Jane Kajuga
Law Applied
- Rules 6(2)(a), 41(1) of the Judicature (Supreme Court Rules) Directions
- Mwayire Nakana and Co Advocates versus Departed Asians Custodian Board (1991) HCB 91; Parties have no power to vest Court with Jurisdictional competence.
Counsel on Record
- For the Applicant: John Isabirye and Kennedy John Babumba
- For the Respondent: Annette Namatovu Ddungu (Chief State Attorney, ODPP)
Conclusion
This case illustrates that the High Court lacks jurisdiction to stay execution in cases where a criminal appeal is pending before the Supreme Court.