Wakilii

Hawal Shaban v Uganda (Miscellaneous Application No. 159 of 2019)

Court of Appeal · [2020] UGCA 2040 · 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
Application for bail pending appeal dismissed; appeal directed to be fixed for hearing

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Holding

The applicant, convicted of aggravated defilement and sentenced to life imprisonment, sought bail pending his appeal, citing delay in disposal of the appeal, ill-health (ulcers), a permanent place of abode and available sureties. The single Justice held that bail pending appeal is granted at the court's discretion and only upon proof of exceptional circumstances or unusual reasons. Alleged delay was not exceptional as the court had a backlog mechanism; ulcers could be treated in prison; and a fixed abode and absent sureties were insufficient. The long sentence increased the risk of absconding. The application lacked merit and was dismissed, with directions to fix the appeal for hearing.

Facts

The applicant was indicted, tried and convicted of aggravated defilement contrary to section 129 of the Penal Code Act by the High Court at Mbale on 22 December 2009 and sentenced to life imprisonment. He appealed against conviction and sentence in Criminal Appeal No. 93 of 2014, which remained pending. He then applied for bail pending appeal, contending that despite writing to the Registrar he had received no response on the position of his appeal, that he had developed ulcers requiring treatment outside prison, that he had a permanent place of abode at Kanyumu, Butema Sub-County, Pallisa District, and that he had sound sureties willing to stand for him, though none were present in court. The respondent opposed the application, noting the applicant was serving a life sentence and that no sureties were present to guarantee against absconding.

Issues

  1. Whether the applicant established exceptional circumstances or unusual reasons justifying the grant of bail pending appeal.

Orders

  • The application for bail pending appeal is dismissed.
  • The Registrar of the Court of Appeal is directed to fix Criminal Appeal No. 93 of 2014 for hearing at the earliest convenient Criminal Session.

Key headnotes

Bail Pending Appeal — Discretion of Court — Requirement of Exceptional Circumstances
Bail pending appeal is granted in the discretion of the court, exercised judiciously on the merits of each case, and an applicant must prove exceptional circumstances or unusual reasons to succeed.
Bail Pending Appeal — Delay in Disposal of Appeal — Whether Exceptional
Alleged delay in disposing of an appeal does not amount to an exceptional circumstance for bail pending appeal where the court has a mechanism to deal with backlog and the appeal can be disposed of within that arrangement.
Bail Pending Appeal — Length of Sentence as a Risk of Absconding
The length of the term of imprisonment appealed against is a relevant factor in refusing bail pending appeal, as a longer term increases the likelihood that the applicant will abscond to avoid serving the sentence.
Bail Pending Appeal — Fixed Abode, Sureties and Ill-Health Not Exceptional
Having a permanent place of abode and substantial sureties (especially where the sureties are absent from court), and suffering from a condition treatable in prison, do not constitute exceptional circumstances warranting bail pending appeal.

Legislation cited (7)

  • Constitution of the Republic of Uganda Article 23(6)
  • Constitution of the Republic of Uganda Article 28(3)
  • Constitution of the Republic of Uganda Article 34(1)
  • Trial on Indictments Act, Cap 23 s.14
  • Trial on Indictments Act s.134(4)
  • Criminal Procedure Act s.40(2)
  • Penal Code Act s.129

Cases cited (2)

  • Walubiri Godfrey v Uganda (Criminal Application No. 44 of 2012)
  • Chimambhai Vs Republic. (No.2) (1971) EA 343
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.