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Asiimwe Didas alias Hajji v Uganda (Criminal Miscellaneous Application No. 123 of 2019)

High Court · [2020] UGHC 6 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a capital murder case
Decision
Applicant remains in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that although accused persons have a constitutional right to apply for bail, where charged with capital offences such as murder, applicants must prove exceptional circumstances to warrant bail under section 15(3) of the Trial on Indictments Act. The court may grant bail even without exceptional circumstances through exercise of judicial discretion, but the applicant must present facts beyond ordinary considerations for bail. Where the applicant failed to establish exceptional circumstances or sufficient grounds for the court to exercise discretion, bail is denied. Application dismissed.

Outcome

Applicant remains in custody pending trial

Facts

The applicant was charged with murder contrary to sections 188 and 189 of the Penal Code Act. It was alleged that on 8 January 2019, the applicant and others still at large killed Police Constable Bwasirini Stanley at Rubindi Town, Mbarara District. The applicant applied for bail pending trial, presenting three sureties from his home village and asserting he had a permanent residence, had not pleaded guilty, and would return for trial. The applicant was a resident of Nakasero cell, Rubindi Sub County, Mbarara District. The respondent opposed bail on grounds of the gravity of the offence, as the deceased was a police officer.

Issues

  1. Whether the applicant is entitled to bail pending trial on a capital murder charge.
  2. Whether the applicant has demonstrated exceptional circumstances to warrant bail under section 15(3) of the Trial on Indictments Act.
  3. Whether the court should exercise its discretion to grant bail in absence of exceptional circumstances.

Orders

  • Bail is denied.
  • Application dismissed.

Rules and key headnotes

Constitutional Law — Right to Bail — Constitutional Guarantee
Under Articles 23(6)(a) and 28(3) of the Constitution of the Republic of Uganda, persons accused of criminal offences have a constitutional right to apply for bail, though the grant of bail remains discretionary to the court.
Criminal Law & Procedure — Bail — Exceptional Circumstances Requirement for Capital Offences
Where an applicant is charged with a capital offence such as murder, section 15(3) of the Trial on Indictments Act requires the applicant to prove to the satisfaction of the court exceptional circumstances before bail can be granted.
Criminal Law & Procedure — Bail — Judicial Discretion in Capital Cases
The High Court has power to grant bail in a capital case even in the absence of exceptional circumstances through the exercise of its judicial discretion, but the burden is upon the applicant to satisfy the court by putting forth a set of facts beyond the ordinary considerations for bail upon which the court can exercise its discretion.

Legislation cited (5)

Cases cited (3)

  • Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
  • Florence Byabazaire v Uganda (High Court Miscellaneous Application No. 284 of 2006)
  • Bongomin Richard Akal v Uganda (High Court Miscellaneous Application No. 0037 of 2008)

Full judgment

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

Asiimwe Didas alias Hajji v Uganda (Criminal Miscellaneous Application No. 123 of 2019) [2020] UGHC 6 (24 January 2020)
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.