Overview:

The notice of appeal, filed on July 2 by Kampala Associated Advocates, signals the company's intention to overturn the June 26, 2026 judgment in which Acting Justice Isaac Bonny Teko found MTN liable for instigating Mwami's prosecution in connection with a 2012 mobile money fraud case.

Telecommunications company MTN Uganda has filed a notice of appeal challenging a High Court decision ordering it to pay more than Shs2.3 billion in damages to its former employee, Richard Mwami, for malicious prosecution.

The notice of appeal, filed on July 2 by Kampala Associated Advocates, signals the company’s intention to overturn the June 26, 2026 judgment in which Acting Justice Isaac Bonny Teko found MTN liable for instigating Mwami’s prosecution in connection with a 2012 mobile money fraud case.

In the judgment, the court awarded Mwami a total of Shs2.309 billion, comprising Shs1.809 billion in special damages, Shs400 million in general damages and Shs100 million in exemplary damages, in addition to interest and legal costs.

Justice Teko held that MTN was the “moving force” behind Mwami’s prosecution despite findings in the company’s own forensic audit report that allegedly did not implicate him in the fraud.

The judge, however, dismissed the suit against the Attorney General after finding that the claim against the Government had been filed outside the statutory limitation period.

In its appeal, MTN argues that the High Court erred in holding it liable for the criminal prosecution, maintaining that it merely fulfilled its legal obligation by reporting suspected fraud on its mobile money platform to the Uganda Police Force.

The company contends that once a complaint is made, the responsibility to investigate the allegations, assess the evidence and decide whether to prosecute rests with the police and the Director of Public Prosecutions, not the complainant.

MTN further argues that it should not be held responsible for prosecutorial decisions made independently by State agencies after a criminal complaint has been lodged.

The filing of the notice of appeal sets the stage for a legal battle in the Court of Appeal, which will determine whether MTN’s role was limited to reporting a suspected crime or whether it actively instigated Mwami’s prosecution, making it liable for malicious prosecution.