Wakilii

Kawesi Andrew v Uganda (Criminal Miscellaneous Application 143 of 2019)

Court of Appeal · [2020] UGCA 62 · 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, arising from a High Court murder conviction
Decision
Bail pending appeal refused; underlying appeal directed to be fixed for hearing

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Holding

The applicant, convicted of murder and sentenced to 30 years' imprisonment, applied for bail pending appeal citing sickness, dependent children, a missing trial court file and long detention. The Court held that an applicant for bail pending appeal bears the burden of proving exceptional circumstances or unusual reasons, such as grave illness certified by a prison medical officer, a certificate of no objection from the DPP, or the infancy or advanced age of the accused. Substantial sureties and a fixed place of abode are not exceptional circumstances. As no medical certificate or other exceptional circumstance was established, the application was found to have no merit and was dismissed.

Facts

The applicant, aged 40, was charged and convicted of murder contrary to sections 188 and 189 of the Penal Code Act and sentenced to 30 years' imprisonment on 8 June 2017 in the High Court at Entebbe (Criminal Session Case No. 0581 of 2016). He lodged Criminal Appeal No. 219 of 2017 against the conviction and then applied for bail pending the disposal of that appeal. In support, the applicant stated that he had 10 children missing his parental support, that he was sick with swollen legs that prison medicine had not cured, that his trial court files were missing, and that he had spent a long time in prison. He offered sureties. The respondent opposed the application, arguing that no exceptional circumstances had been proved, that there was no prison certificate confirming grave sickness as required, no details of the alleged missing file, no steps taken to prosecute the appeal, and that the sureties had not indicated their responsibilities to the Court.

Issues

  1. 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, directed to fix Criminal Appeal No. 219 of 2017 for hearing at the earliest convenient Criminal Session of the Court.

Key headnotes

Bail Pending Appeal — Burden of Proof — Exceptional Circumstances
An applicant for bail pending appeal bears the burden of proving exceptional circumstances or unusual reasons warranting the grant of bail.
Bail Pending Appeal — Grave Illness — Requirement of Medical Certificate
Grave illness amounts to an exceptional circumstance for bail only where it is certified by a medical officer of the prison or institution where the accused is detained as incapable of adequate medical treatment while in custody.
Bail Pending Appeal — Matters Not Constituting Exceptional Circumstances
Having substantial sureties and a fixed place of abode are not, by themselves, exceptional circumstances or unusual reasons justifying bail pending appeal.
Bail Pending Appeal — Application of Trial on Indictments Act s.15
Section 15 of the Trial on Indictments Act, which sets out exceptional circumstances for bail in offences triable only by the High Court such as murder, applies with even greater force at the stage of an application for bail pending appeal after conviction.

Legislation cited (9)

  • Constitution of Uganda Article 23(6)
  • Constitution of Uganda Article 28(3)
  • Criminal Procedure Code Act Cap 116 s.40(2)
  • Penal Code Act s.188
  • Penal Code Act s.189
  • Trial on Indictments Act s.15
  • Trial on Indictments Act s.15(3)
  • Judicature (Court of Appeal Rules) Directions Rule 43(1)
  • Judicature (Court of Appeal Rules) Directions Rule 43(2)

Cases cited (1)

  • 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.