Kaye Kizito v Uganda (Criminal Application No. 141 of 2019)

Court of Appeal · [2020] UGCA 2029 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application for bail pending appeal before a single Justice of the Court of Appeal

Decision

Bail pending appeal refused; applicant remains in custody and underlying appeal directed to be fixed for hearing

The full judgment

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

The applicant, convicted of murder and sentenced to 25 years' imprisonment, applied for bail pending the determination of his appeal. The Court held that an applicant for bail pending appeal bears the burden of proving exceptional circumstances or unusual reasons. The grounds advanced — possession of substantial sureties, a fixed place of abode, and delay in fixing the appeal (where no memorandum of appeal had been filed) — were relevant but did not amount to exceptional circumstances. The application was dismissed, and the Registrar was directed to fix the underlying criminal appeal for hearing at the earliest convenient session.

Facts

The applicant, aged 59, was convicted of murder contrary to sections 188 and 189 of the Penal Code Act and sentenced to 25 years' imprisonment on 10 April 2013 by the High Court at Kiboga in Criminal Session Case No. 281 of 2012. He lodged an appeal to the Court of Appeal vide Criminal Appeal No. 36 of 2013 and subsequently applied for bail pending that appeal, supported by his affidavit dated 16 July 2019. He argued that his appeal had been pending for about eight years and that continued imprisonment without determination was unjust. He claimed to have substantial sureties, though none were present in court, and a fixed place of abode. The respondent opposed the application, noting the proposed sureties had previously been rejected and that the appeal could be fixed administratively for hearing.

Issues

Whether the applicant proved exceptional circumstances or unusual reasons warranting the grant of bail pending appeal.

Orders

Application for bail pending appeal dismissed.
The Registrar, Court of Appeal, is directed to fix Criminal Appeal No. 36 of 2013 for hearing at the earliest convenient Criminal Session.

Key headnotes

Bail — Bail Pending Appeal — Burden to Prove Exceptional Circumstances

An applicant for bail pending appeal bears the burden of proving exceptional circumstances or unusual reasons warranting the grant of bail, and each application must be considered on its own facts and circumstances.

Bail — Bail Pending Appeal — What Does Not Constitute Exceptional Circumstances

The existence of substantial sureties (where none appear in court) and a fixed place of abode, though relevant, do not amount to exceptional circumstances or unusual reasons; delay in fixing an appeal does not assist an applicant who has not filed a memorandum of appeal.

Bail — Application of Section 15 of the Trial on Indictments Act to Bail Pending Appeal

The exceptional circumstances under section 15 of the Trial on Indictments Act applicable to bail at trial apply with even greater force to an application for bail pending appeal after conviction.

Legislation cited (7)

Constitution of Uganda Article 23(6)
Constitution of Uganda Article 28(3)
Criminal Procedure Code Act Cap 116 s.40(2)
Trial on Indictments Act s.132(4)
Trial on Indictments Act s.15
Penal Code Act s.188
Penal Code Act s.189

Cases cited (2)

Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
Singh Lamba Vs R (1958) E.A 337

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.