Maliro Abasi alias Mabale v Uganda [2019] UGSC 67 (10 December 2019)

# THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA CRIMINAL APPEAL NO. 18 OF 2011

## **BETWEEN**

#### **MALIRO ABASI alias MABALE:::::::::::::::::::::::::::::::::::** 10

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I Certify that this is a true Copy of the Original

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#### **UGANDA:::::::::: :::RESPONDENT**

### (CORAM: ARACH-AMOKO; MWANGUSYA; OPIO-AWERI; MUGAMBA; $15$ BUTEERA; JJ. S. C).

## **RULING OF THE COURT**

According to the decision of this Court in Attorney General v Susan Kugula (Constitutional Appeal No. 3 of 2006, 20 followed in Ambaa Joseph v Uganda, Criminal Appeal No. 10 of 2001 Supreme Court, all appeals against the mandatory death sentence in capital offences which were lodged in the Court of Appeal and in the Supreme Court between 2005 and 21<sup>st</sup> January, 2009, when the Supreme 25 Court confirmed the decision in Kigula (supra), should be and have been remitted to the High Court for submissions in mitigation of the death sentence.

This case fall in that category since the appeal was lodged in the Court of Appeal within the said period.

For the foregoing reason, we set aside the order of the Court of Appeal.

We order that the file be remitted to the High Court for the appellant to make submission in mitigation of sentence.

Since Katutsi J, the trial Judge has since retired, this aspect $\mathsf{S}$ of the case can be heard by any other Judge of the High Court.

Dated at Kampala this **10<sup>th</sup>** day of **December**, 2019.

Hon. Justice M. S. Arach-Amoko, JUSTICE OF THE SUPREME COURT.

Hon. Justice Mwangusya, JUSTICE OF THE SUPREME COURT

Hon. Justice Opio-Aweri, JUSTICE OF THE SUPREME COURT

Hon. Justice Paul Mugamba, JUSTICE OF THE SUPREME COURT

Hon. Justice Richard Buteera, JUSTICE OF THE SUPREME COURT

| | Certify that this is a true | |-----------|-----------------------------| | | Copy of the Original | | REGISTRAR | DATE. | | | SUFFICIENT OF UGANDA |

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