Wakilii

Assingwire v Uganda (Criminal Miscellaneous Application 55 of 2023)

High Court · [2023] UGHCCRD 39 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial arising from committal to High Court from Mukono Chief Magistrate's Court
Decision
Bail application dismissed; applicant remains in custody pending trial with order for medical treatment at Mulago Hospital

Observed later treatment

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Holding

The High Court dismissed the bail application despite the applicant's medical condition and two years in pre-trial detention. The court held that the applicant failed to comply with mandatory requirements under the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, specifically the absence of identification documents and a medical certificate stating that the condition could not be managed in prison. The court ordered the applicant be taken to Mulago Hospital for treatment and directed the DPP to ensure trial in the next criminal session.

Outcome

Bail application dismissed; applicant remains in custody pending trial with order for medical treatment at Mulago Hospital

Facts

The applicant was arrested on 17 July 2021 and alleged he was tortured by security operatives, resulting in inability to sit or walk. On 12 July 2022, Justice Batema ordered the applicant be taken to Mulago Referral Hospital to determine whether he had been tortured. A medical report from the Medical Superintendent of Prison concluded the applicant suffers from peripheral neuropathy. The applicant was indicted and committed to the High Court for trial during the Covid-19 pandemic but had not been called for hearing. At the time of the application, the applicant had spent two years in detention at Luzira Murchison Bay Prison without trial. The applicant claimed he could not walk and only crawled with pain and difficulty. He provided a fixed place of abode in Mitooma District and presented two sureties (his biological mother and brother) during the hearing.

Issues

  1. Whether the Applicant is entitled to be granted bail pending trial.

Orders

  • Application for bail dismissed.
  • Applicant to be taken to Mulago Hospital for treatment of his medical condition.
  • Director of Public Prosecutions directed to ensure the accused is tried in the next criminal session.
  • Each party to bear their own costs of this application.

Rules and key headnotes

Bail — Mandatory Requirements — Identification Documents
An application for bail must be accompanied by identification documents as required under paragraph 12 of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, Legal Notice No. 8 of 2022. The word 'shall' makes it a mandatory requirement for one of the specified identification documents to accompany the bail application. Failure to comply with this requirement is fatal to the application.
Bail — Exceptional Circumstances — Medical Grounds
For a medical condition to constitute exceptional circumstances justifying bail under section 15(3) of the Trial on Indictments Act and paragraph 14(2) of the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, the medical report must certify that the condition is incapable of adequate medical treatment while the accused is in custody. A medical report that does not state that the condition cannot be managed in the prison facility does not satisfy this requirement.
Bail — Fixed Place of Abode — Insufficient Ground Alone
The fact that an accused person has a fixed place of abode within the jurisdiction of Uganda is not by itself sufficient ground for grant of bail. This consideration must be evaluated alongside other grounds provided for in section 15(4) of the Trial on Indictment Act. Where considerations concerning the liberty of a person are involved, courts must equally bear in mind the interests of justice and neither ought to be sacrificed at the expense of the other.

Legislation cited (11)

Cases cited (3)

  • Tumwikurikize Grace v Uganda (HCMA No. 228 of 2005)
  • Livingstone Mukasa & Others v Uganda [1976] HCB 117
  • Uwacu Busheshi Jeanne Francoise De Chantal and Another v Uganda (Criminal Misc. Application No. 71 of 2022)

Full judgment

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

Assingwire v Uganda (Criminal Miscellaneous Application 55 of 2023) [2023] UGHCCRD 39 (31 July 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.