Mwetitse Steven v Uganda (Criminal Application No. 80 of 2019)
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Holding
The applicant, convicted of murder and sentenced to 21 years' imprisonment, sought bail pending appeal. The Court held that the constitutional right to apply for bail under Articles 23(6) and 28(3) ceases on conviction, and that an applicant convicted of murder must, as with bail pending trial under section 15 of the Trial on Indictments Act, prove exceptional circumstances. The applicant produced no evidence that his appeal was not frivolous or had a likelihood of success, and discomfort to his children and parents did not amount to exceptional circumstances. The Court declined to exercise its discretion and dismissed the application.
Facts
The applicant was convicted of murder contrary to sections 188 and 189 of the Penal Code Act by the High Court at Mubende on 8 October 2015 and sentenced to 21 years' imprisonment. He filed an appeal and applied for bail pending its hearing, contending that his appeal had suffered substantial delay, that he had spent a long period in prison, that bail was his constitutional right, and that he had high chances of acquittal. He relied on his family circumstances, three proposed sureties, a permanent place of abode and the absence of prior antecedents. At the hearing he represented himself, none of his sureties were present, and he had not filed a memorandum of appeal or availed a copy of the judgment. The respondent opposed the application, arguing there was no proof of likelihood of success and no substantial delay.
Issues
- Whether the applicant established exceptional circumstances and a likelihood of success of appeal to justify being granted bail pending appeal after conviction for murder.
Orders
- The application is dismissed.
Key headnotes
Legislation cited (7)
- Penal Code Act s.188
- Penal Code Act s.189
- Trial on Indictments Act s.15
- Constitution of Uganda 1995 Article 23(6)
- Constitution of Uganda 1995 Article 28(3)
- Constitution of Uganda 1995 Article 126(2)(b)
- Magistrates Courts Act s.205(1)
Cases cited (2)
- Sande Pande Ndimwibo v Uganda (Miscellaneous Application No. 241 of 2014)
- Igamu Joanita v Uganda (Criminal Application No. 0107 of 2013)