Wakilii

Kaawe v Uganda (Criminal Application 7 of 2021)

Supreme Court · [2021] UGSC 48 · 2021 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for bail pending appeal to the Supreme Court (Criminal Appeal No. 12 of 2021), arising from a conviction for embezzlement upheld by the Court of Appeal
Decision
Bail pending appeal granted on conditions, including UGX 50,000,000 cash bail and three sureties on non-cash bonds of UGX 100,000,000 each

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Holding

The Supreme Court held that its appellate jurisdiction includes the discretionary power to grant bail pending appeal, to be exercised judicially. Applying the settled conditions (character, first offender status, likelihood of success, substantial delay, and whether the offence involved personal violence), the Court found that the applicant was convicted of a non-violent offence, had complied with bail terms below, produced substantial sureties, and presented an unchallenged medical report showing conditions not manageable in prison. Given also the Covid-19 related delay in disposing appeals, the Court granted bail pending appeal subject to conditions.

Facts

The applicant, Head of Central Cash at the United Bank of Africa, was charged with embezzlement contrary to section 19(b) of the Anti-Corruption Act 2016, it being alleged he embezzled USD 50,000 from the bank. He was convicted by the High Court and sentenced on 17 May 2011 to 8 years' imprisonment, with an order to refund USD 50,000. On appeal, the Court of Appeal upheld the conviction but, finding the sentence illegal for failing to mathematically deduct the remand period, set it aside and substituted 7 years, 11 months and 5 days, maintaining the refund order. The applicant then lodged Supreme Court Criminal Appeal No. 12 of 2021 against both conviction and sentence, which remained pending. He applied for bail pending that appeal, relying on his first-offender claim, non-violent offence, prior compliance with bail terms, substantial sureties, likely delay, and chronic medical conditions evidenced by a hospital report.

Issues

  1. Whether the applicant has satisfied the conditions for the grant of bail pending appeal.

Orders

  • Application for bail pending appeal granted.
  • Applicant to deposit cash bail of UGX 50,000,000 in the Court.
  • Registrar of the Court of Appeal to hand over the applicant's passport to the Registrar of the Supreme Court within 5 days; applicant not to apply for a new passport until final disposal of the appeal.
  • Each surety to sign a non-cash bond of UGX 100,000,000 and ensure the applicant complies with the bail conditions.
  • Applicant to report to the Registrar of the Court on the last working day of every month from 30 September 2021 until disposal of the appeal.
  • Breach of any condition renders the bail liable to automatic cancellation.

Key headnotes

Bail Pending Appeal — Jurisdiction of the Supreme Court
The Supreme Court's appellate jurisdiction under Article 132(2) of the Constitution, read with Rule 6(2)(a) of the Supreme Court Rules, includes the discretionary power to entertain applications arising from appeals before it, such as applications for bail pending appeal.
Bail Pending Appeal — Conditions for Grant
The conditions guiding the grant of bail pending appeal are the character of the applicant, whether the applicant is a first offender, the possibility of success of the appeal, substantial delay in hearing the appeal, and whether the offence involved personal violence; the satisfaction of any two of these conditions suffices.
Bail Pending Appeal — Medical Condition of Applicant
An unchallenged medical report showing that an applicant suffers from serious conditions that cannot be managed in the prison health facility supports the exercise of the court's discretion to grant bail pending appeal.
Bail Pending Appeal — Delay in Disposal of Appeal
A real likelihood that the appeal will be delayed, including delay attributable to reduced court operations during the Covid-19 pandemic, is a relevant factor favouring the grant of bail pending appeal.

Legislation cited (6)

  • Constitution of Uganda art.23(6)(a)
  • Constitution of Uganda art.132(2)
  • Criminal Procedure Code Act, Cap 116 s.40(2)
  • Supreme Court Rules r.5
  • Supreme Court Rules r.6(2)(a)
  • Anti-Corruption Act 2016 s.19(b)

Cases cited (6)

  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Arvind Patel v Uganda (Criminal Application No. 1 of 2003)
  • Ochepa Godfrey v Uganda (Miscellaneous Application No. 7 of 2020)
  • Henry Bamutura v Uganda (Miscellaneous Application No. 19 of 2019)
  • Magombe Joshua v Uganda (Miscellaneous Application No. 11 of 2019)
  • Chandi Jamwa v Uganda (Miscellaneous Application No. 9 of 2018)
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.