TOPIC TWO: EXTRADITION

This applies when a suspect or an accused person flees Uganda and goes to another
country. Such a person can be brought back by extraditing him to answer charges in
Uganda.

Therefore, extradition is a process of surrendering a fugitive offender to the country in which

he has committed the offence for the purpose of having him tried for the offence he has
committed.

For an offender to be extradited from another state there must be a reciprocal arrangement
either by agreement or by legislation. Whenever an extradition agreement is signed, the
details as to the procedure of extradition are provided for in an Extradition Act.

In Uganda, the law applicable is the Extradition Act Cap 117 laws of Uganda. This Act
consolidates the law relating to the extradition of persons accused or convicted of crimes
committed with in the jurisdiction of another country. This Act contains two parts.

According to sec 3 of the Act, part 1 of the Fugitive Offenders Act 1881 of the U.K applies to
the countries to which part 1 of the Uganda Fugitive Offenders Act applies.

This means that Uganda adopted extradition agreements signed by the U.K and other
countries before her independence. A list of countries where Uganda is a party is provided
for under Statutory Instrument No. 103 of 1966.

Part 2 applies to East African countries by virtue of S.I 235 of 1964. We do not have
extradition agreements with countries like Sudan and DRC. What happens when an
offender runs to such countries? Sec 5 of the Penal Code Act will apply.

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 PROCEDURE OF EXTRADITION

Restrictions on surrender of criminals;

This is provided under sec 2 of the Act, a fugitive criminal will not be surrendered if the
offence for which the extradition is sought is one of a political character.

What is the meaning of an offence of a political character?

The Act does not define what an offence of political character is all about. This depends on
the discretion of the Court or the Minister. The test of what amounts to an offence of a
political character was applied in the case of RE CASTON, Lord Denning in defining an
offence of a political character held that in order to bring the case in the words of the Act
and to exclude extradition offences, it must be shown that the Act is done in furtherance of,
done with the intension of assistance or as a sort of act, in sort of acting in a political
manner.

Apolitical rising, a dispute between 2 parties in the state as to which to have the
government in its hands, therefore, it can be brought with in the meaning of the words in the
Act. Parkinson J held that the expressions ‘political Expression’ / ‘political character’ mean
incidental or forming part of a political disturbance.

The procedure

Say if a Ugandan has committed an offence in Kanungu Rukungiri and thereafter runs to
Kenya, a magistrate in Kanungu will issue a warrant of arrest on the application by the
police.

The warrant of arrest is brought to the CID head quarters. After perusal, at the CID, it is
forwarded to the AG for authentication. The file is then sent to Interpol, who will then
organise to bring the fugitive criminal back to Uganda. The Interpol officer will go to Kenya
and report to their Interpol office. The police there will peruse through the file to determine

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whether the offence is extraditable, and whether it is stipulated under the Treaty and their
laws.

Thereafter, the Kenyan police will apply to court for a provisional warrant of arrest on which
the fugitive is to be arrested. The issue of an offence of political character normally arises at
this point. After arrest, the fugitive is taken to court, where he will be handed over to
Uganda for trial. See s.15, 17 & 18 of the Extradition Act.

Extraditable offences are covered under Schedule 1 of the Extradition Act. See also
offences agreed upon in the Treaty. Bigamy is extraditable.