Wakilii

Ayesiga Moses v Uganda (Criminal Miscellaneous Application 15 of 2023)

High Court · [2023] UGHCACD 18 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in ACD Criminal Case No. 9 of 2023
Decision
Applicant released on bail pending trial subject to stringent conditions

Observed later treatment

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Holding

The High Court granted bail to the applicant charged with causing financial loss and conspiracy to defraud. The court held that while the offenses are serious and involve substantial sums, the applicant has a constitutional right to apply for bail and the court retains discretion to grant it even where exceptional circumstances under s.17 TIA have not been proved. The applicant demonstrated a fixed place of abode within the jurisdiction, presented five substantial sureties, and no evidence was adduced that he would interfere with investigations, pose a threat, or abscond. Stringent bail terms were imposed including cash deposit, non-cash bonds, deposit of title and passport.

Outcome

Applicant released on bail pending trial subject to stringent conditions

Facts

The applicant, a Branch Manager of Stanbic Bank Garden City Branch, was charged alongside ten others in ACD Criminal Case No. 9 of 2023 with offenses relating to fraud involving Stanbic Bank Uganda. He faced charges under Counts 2, 4 and 7 of the charge sheet. In Counts 2 and 4, he was alleged to have caused financial loss to his employer of USD 287,000 and USD 295,000 respectively, contrary to s.20 of the Anti-Corruption Act, by irregularly processing inter-account transfers from the account of Nile Energy Ltd without following established bank procedure. Under Count 7, he was charged with conspiracy to defraud contrary to s.309 of the Penal Code Act, allegedly conspiring with two others in January 2023 to defraud Stanbic Bank of USD 582,000 fraudulently transferred from Nile Energy Limited's account. The applicant applied for bail pending trial, presenting five sureties and offering his mother's certificate of title as additional security. The prosecution opposed the application on grounds that exceptional circumstances had not been proved, the amounts involved were colossal, and the penalties serious enough to tempt the applicant to flee.

Issues

  1. Whether the applicant is entitled to bail pending trial on charges of causing financial loss and conspiracy to defraud.
  2. Whether exceptional circumstances have been proved to justify bail under R.14(1)(h) of the Bail Guidelines 2022.
  3. Whether the applicant has satisfied the requirements under s.15 of the Trial on Indictments Act for grant of bail.

Orders

  • Application for bail granted.
  • Applicant to deposit cash of UGX 20,000,000.
  • Each surety bonded UGX 40,000,000 not cash.
  • Certificate of Title for Mengo Kyadondo Block 216 Plot 1566 registered in the name of Asaba Grace to be deposited with the Deputy Registrar.
  • Applicant or any other surety to deposit a certificate of title for land within the jurisdiction of the court registered in their name.
  • Applicant barred from travelling outside Uganda without court authorisation.
  • Applicant's passport to be deposited with the Deputy Registrar until conclusion of trial or as otherwise determined by court.
  • Applicant to appear in court on dates given by the magistrate handling ACD Session Case No. 9 of 2023.

Rules and key headnotes

Bail — Constitutional Right to Apply — Court's Discretion
Article 23(6)(a) of the Constitution establishes the right to apply for bail, but the discretion to grant or refuse bail rests with the court. The use of the words 'entitled to apply' creates only the right to apply, not the right to be granted bail.
Bail — Standard of Proof — Sui Generis Nature of Bail Proceedings
Bail proceedings are sui generis and the court may take into account whatever information is placed before it in order to form an opinion or value judgement on what the future holds. The court must prophesy or prognosticate and have regard to whatever is placed before it to decide the matter.
Bail — Balancing Exercise — Liberty versus Public Interest
When considering bail, the court must balance the constitutional rights of the applicant against the needs of society to be protected from lawlessness, and consider the adverse effects of remand custody on the welfare of the accused and their families and on prison remand conditions.
Bail — Factors for Grant — Interests of Justice and Likelihood of Attendance
The overarching factors for grant of bail are whether it meets the interests of justice and whether the accused, once released on bail, will attend trial and not abscond. The interests of justice are prejudiced where there is likelihood of interference with witnesses or the investigation process, risk or threat to the public or applicant, or likelihood of commission of further crimes.
Bail — Suitability of Sureties — Capacity to Compel Attendance
When determining suitability of a surety, the court shall consider the surety's age, work or residence, antecedents and character, and their capacity to influence and compel the accused person to attend trial and meet the terms of the bond. Close relationships and gainful employment are relevant factors.
Bail — Exceptional Circumstances — Court's Discretion Not Ousted
The court has discretion to grant bail even where exceptional circumstances set out in s.17 of the Trial on Indictments Act have not been proved. The requirement for exceptional circumstances under R.14(1)(h) of the Bail Guidelines 2022 does not rob the court of its discretion to grant bail.
Bail — Stringent Terms — Personal Accountability and Security
Where an applicant has limited personal ties or accountability beyond dependents, the court may impose stringent bail terms that bind the applicant personally, including cash deposits, deposit of title to property, surrender of passport, and travel restrictions, to ensure compliance with bail conditions.

Legislation cited (14)

Cases cited (3)

  • Uganda v Col. Dr. Kizza Besigye (Constitutional Reference No. 20 of 2005)
  • Obey Christopher and Others v Uganda (Miscellaneous Applications Nos. 045, 046 and 047 of 2015)
  • Abacha Yassin v Uganda (Arua Miscellaneous Application 4 of 2016)

Full judgment

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

Ayesiga Moses v Uganda (Criminal Miscellaneous Application 15 of 2023) [2023] UGHCACD 18 (16 March 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.