Olal v Uganda (Criminal Case 19 of 1989) [1990] UGHC 42 (14 March 1990)

Full Case Text

## THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT KAMPALA.

of the Mis Enganda Wad

CRIMINAL ( SE NO $19/1989$

JOHN OLAL :::::::::::::::::::::::::::::::: ACCISED

VERSUS

UGANDA ::::::::::::::::::::::::::::::::::: BEFORE: The Hon. Mr. Justice G. M. Okello:

ORDER:

This is one of the Seventy four Criminal case files from the Magistrate's Court of Aloi which the Ag = Chief Magistrate Lira forwarded to this Court with a remark "for nevision and Confirmation of Sentence".

The accused in this case was charged with theft contrary to section 252 of the Penal Code Act. To that charge the accused is recorded to have pleaded thus

"I admit the charge. I stole beams of the complainat. I am sorry. $n$

When the facts were narrated and put to him, the accused admitted the truth of them. The trial Magistrate then proceeded to convict him on his own plea. After his allocutus, the Accused was sentenced to 2 months imprisonment.

I find the above plea, unequivocal plea of guilty to the offence charged I also find the conviction after the accused admitted the truth of the facts which were narrated and put to him proper. There is in my view no error or irregularity on the record of these proceedings to require a Revision order.

As for confirmation of sentence, a sentence of 2 months imprisonment clearly does not attract confirmation under section 167 of the MCA'70.

Section 233(3) of the MCA'70 requires a Chief Magistrate who in his supervisory power forward to the High Court a case file which in his opinion centains some errors or irregularities in the proceedings to sent such file with such remarks as he thinks fit to support his view.

. . . . . . . . . / 2

T TV he Ag. Chief Magistrate of Lira did not comply with the requirement of the above section when he forwarded the bundle of these files. I need remark that it is improper for a Chief Magistrate in his supervisory power to forward a file to this court without stating why he thinks the file contains errors on the records and therefore requires Revision Order.

tn this file I find that no Revision Order is necessary. The file should therefore be returned to the Magistrate's Court of Aloi for retention.

G. M. Okello

JUDGE. 14/3/90