Wakilii

Jemba Steven v Uganda (Misc.Criminal Application No. 78 of 2019)

Court of Appeal · [2020] UGCA 61 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for bail pending the hearing and final disposal of a criminal appeal
Decision
Application for bail pending appeal dismissed; applicant remains in custody.

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Holding

The applicant, convicted of aggravated robbery and sentenced to 32 years' imprisonment, sought bail pending appeal, relying on delay in hearing his appeal and hardship to his dependants. The Court held that while the right to apply for bail is constitutional, an applicant seeking bail pending appeal after conviction must prove exceptional or unusual circumstances. Hardship to the applicant's children and elderly grandfather caused by his imprisonment did not amount to exceptional circumstances, and no evidence supported the claim that the trial file was missing. The Court declined to exercise its discretion and dismissed the application.

Facts

The applicant was charged with aggravated robbery and tried at the High Court Luweero Circuit. On 24 March 2015 he was convicted and sentenced to 32 years' imprisonment. He filed Criminal Appeal No. 094 of 2015, which remained unheard. He applied for bail pending the hearing of that appeal, contending that the appeal had suffered substantial delay allegedly because the trial court file had disappeared, that he had spent a long period in prison, that he had three sureties and a fixed place of abode, that he had undertaken reformatory courses, and that his imprisonment caused hardship to his thirteen children, three siblings and 92-year-old grandfather. He represented himself and conceded he had higher chances of acquittal. The respondent opposed the application, noting the sureties were not present, no proof of fixed abode was supplied, and there was no evidence the trial file was missing.

Issues

  1. Whether the applicant established exceptional or unusual circumstances justifying release on bail pending the hearing of his criminal appeal.

Orders

  • Application for bail pending appeal dismissed.

Key headnotes

Bail — Bail Pending Appeal — Requirement to Prove Exceptional or Unusual Circumstances After Conviction
An applicant who has been convicted and seeks bail pending the hearing of an appeal must prove exceptional or unusual circumstances justifying release; the constitutional right to apply for bail, which stems from the presumption of innocence, ceases to be applicable upon conviction.
Bail — Bail Pending Appeal — Hardship to Family Not an Exceptional Circumstance
Discomfort or hardship to an applicant's dependants caused by his absence while serving a sentence does not constitute an exceptional or unusual circumstance justifying the grant of bail pending appeal.

Legislation cited (8)

  • Constitution of Uganda Article 23(6)(a)
  • Constitution of Uganda Article 23(3)(d)
  • Constitution of Uganda Article 28(3)
  • Constitution of Uganda Article 126(2)(b)
  • Criminal Procedure Code Act Cap 116 s.40(2)
  • Judicature (Court of Appeal Rules) Directions Rule 43(1) and (2)
  • Magistrates Courts Act s.205(1)
  • Trial on Indictments Act s.15

Cases cited (3)

  • Kitaka Robert Nsubuga v Uganda (Criminal Miscellaneous Application No. 69 of 2018)
  • Sande Pande Ndimwibo v Uganda (Miscellaneous Application No. 241 of 2014)
  • Igamu Joanita v Uganda (Criminal Application No. 0107 of 2013)
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.