Wakilii

Angura and Others v Uganda (Miscellaneous Application 31 of 2022)

High Court · [2023] UGHCCRD 37 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in the High Court following committal from Chief Magistrate's Court on a charge of murder
Decision
Applicants released on bail pending trial

Observed later treatment

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Holding

The High Court granted bail to five applicants charged with murder who were awaiting trial after committal from the Chief Magistrate's Court. The court held that the applicants satisfied the requirements under the Trial on Indictment Act by demonstrating fixed places of abode within the court's jurisdiction and providing substantial sureties. The court emphasised the constitutional presumption of innocence and exercised its discretion to grant bail despite the seriousness of the murder charge.

Outcome

Applicants released on bail pending trial

Facts

Five applicants were jointly charged with murder and remanded by the Chief Magistrate's Court of Bukedea on 6 January 2022. They were subsequently committed to the High Court for trial. The applicants applied for bail under Article 23(6)(a) and Article 28(3) of the Constitution and section 14(1) of the Trial on Indictment Act. All applicants are residents of Akanyuko Village, Kapaang Parish, Kachumbala Sub-county in Bukedea District. Each applicant presented two sureties, all residents of the same village and blood relatives of the applicants. The respondent was served with the application on 3 November 2022 but did not file any affidavit in reply. One co-accused, Olemukan Moses, had previously been released on bail on 4 March 2022.

Issues

  1. Whether the applicants should be granted bail pending trial for murder charges.

Orders

  • Bail granted.
  • Each applicant to deposit cash of Shs. 1,000,000/-.
  • Each of the two sureties is bound in the sum of Shs. 5,000,000/- not cash.
  • Each applicant and each of their sureties to provide to the registrar certified copies of their national identity cards and one recently taken black and white passport photo.
  • Each applicant to report to the Registrar of this Court once a month on the first Thursday of each month with effect from 10/03/2023 until otherwise directed by this court.

Rules and key headnotes

Bail — Right to Apply — Constitutional Guarantee
An accused person is entitled to apply for bail regardless of the offence charged, as provided under Article 23(6)(a) of the Constitution, but the grant of bail by the court is discretionary.
Bail — Exceptional Circumstances — No Longer Mandatory
Proof of exceptional circumstances under section 15(1) of the Trial on Indictment Act is no longer mandatory for the grant of bail.
Bail — Factors Against Abscondment — Fixed Abode and Substantial Sureties
In considering whether an accused is likely to abscond, the court may take into account whether the accused has a fixed abode within the jurisdiction and sound sureties who are residents of the same locality and blood relatives capable of exercising authority over the accused.
Bail — Presumption of Innocence — Overriding Consideration
The presumption of innocence under Article 28(3)(a) of the Constitution overrides all other considerations, including the seriousness of the offence charged, and must be judicially carried out even in respect of capital offences such as murder.
Affidavit in Reply — Effect of Non-Filing
Where a respondent is served with an application but does not file an affidavit in reply, the court may proceed to consider the application ex parte and the facts and averments in the application and supporting affidavits are deemed not denied.

Legislation cited (7)

Cases cited (7)

  • Interfreight Forwarders v East African Development Bank [1990-1994] EA 117
  • Agro Supplier Ltd v Uganda Development Bank (HCCS No. 379 of 2005)
  • Uganda v Kizza Besigye (Constitutional Reference No. 20 of 2005)
  • Foundation for Human Rights Initiative V. A.G constitutional petition No. of 2006
  • Kemigisa Adrine v Uganda (Criminal Application No. 97 of 2019)
  • Hon. Godi Akbar v Uganda (Criminal Application No. 20 of 2009)
  • Col (Rtd) Dr. Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Angura and Others v Uganda (Miscellaneous Application 31 of 2022) [2023] UGHCCRD 37 (10 February 2023)
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.