Police officer loses appeal in abuse of office case over irregular search

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The Anti-Corruption Division of the High Court has dismissed an appeal filed by Assistant Superintendent of Police (ASP) Junior Andrew Muhereza, who was convicted of abuse of office.

Muhereza had challenged both the conviction and sentence delivered by Esther Asiimwe, Magistrate Grade One at the Anti-Corruption Chief Magistrate’s Court.

He was convicted on one count of abuse of office, contrary to Section 11(1) of the Anti-Corruption Act.

The prosecution stated that on November 25, 2019, at Kiiza zone in Kawempe division, Kampala district, while attached to Kira Police Division and serving as officer-in-charge of Acacia Police Post, Muhereza abused the authority of his office by carrying out an arbitrary act that was prejudicial to the interests of his employer, the Uganda Police Force.

He, according to court documents, conducted an irregular search and confiscated 179 wood logs from a property yard belonging to Performance Furnishing Uganda Limited without following proper procedure.

He was convicted and sentenced to pay a fine of sh3.3 million or, in default of payment, serve one year in prison. He was also barred from holding public office for 10 years.

Why Muhereza appealed

Muhereza argued that the trial magistrate misdirected herself in law and fact by failing to apply established procedures and legal principles governing arbitrary acts.

He further submitted that the magistrate disregarded, misdirected herself, and misconceived the evidence on record relating to the proper procedure for collecting exhibits and conducting searches.

Muhereza also faulted the magistrate for failing to properly evaluate the evidence, which he said led to a wrongful conviction.

Justice Michael Elubu, in a judgment delivered on June 5, 2026, said after evaluating all grounds of appeal and the evidence on record, he found that the sentence imposed by the magistrate was lawful and that there was no basis to interfere with the conviction or sentence.

“The sentence is lawful and this court finds no plausible reason to interfere with it. In the result, all the grounds of appeal do not succeed. This appeal is dismissed,” Justice Elubu said.

What is required for a lawful search

A police officer is required to possess a written search warrant issued by a magistrate under Section 70 of the Magistrates Courts Act or Section 27 of the Police Act.

For a search to be lawful, the warrant must be valid and clearly specify the premises to be searched as well as the items or evidence being sought.