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Bashir v Uganda (Criminal Miscellaneous Application 17 of 2023)

High Court · [2024] UGHC 718 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial on a murder charge
Decision
Applicant released on bail pending trial

Observed later treatment

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Holding

The High Court granted bail to the applicant charged with murder. The court held that the applicant satisfied the requirements for bail under Article 23(6)(a) of the Constitution and section 15 of the Trial on Indictment Act. The applicant established a fixed place of abode within the court's jurisdiction, provided substantial sureties, and demonstrated exceptional circumstances based on chronic epilepsy requiring medical treatment not adequately available in prison. The court found that the applicant's grave illness, certified by the Officer in Charge of Nebbi Government Prison, constituted exceptional circumstances justifying release on bail despite the capital nature of the offence.

Outcome

Applicant released on bail pending trial

Facts

The applicant was arrested on 16 June 2022 and charged with murder contrary to sections 188 and 189 of the Penal Code Act. She was remanded to Nebbi Government Prison and committed to the High Court for trial. She had previously filed a bail application (Miscellaneous Application No. 002 of 2023) which was dismissed on 6 April 2023. She filed the present application on 13 October 2023. Before the court ruled on the application, the applicant was listed for a High Court criminal session scheduled in Nebbi, but her case was not heard during that session and was adjourned on 19 December 2023. Medical reports dated 18 April 2023 from the Officer in Charge of Nebbi Government Prison certified that the applicant suffered from epilepsy and that her health condition had worsened, requiring medical attention beyond the facilities available in prison.

Issues

  1. Whether the applicant has satisfied all grounds to warrant grant of bail pending trial.

Orders

  • Application for bail granted.
  • Each of the three sureties shall execute a non-cash bond of UGX 3,000,000 (Uganda shillings Three Million only).
  • The applicant is to report to the Deputy Registrar of the High Court on the first day of August 2024 and thereafter until further orders of the court.

Rules and key headnotes

Constitutional Law — Right to Bail — Article 23(6)(a) of the Constitution — Discretion to Grant Bail
Under Article 23(6)(a) of the Constitution of the Republic of Uganda 1995, where a person is arrested in respect of a criminal offence, that person is entitled to apply to court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable. The right to apply for bail is a fundamental aspect of the criminal justice system that guarantees the accused the right to a fair trial and safeguards the fundamental right to liberty.
Criminal Law & Procedure — Bail — Exceptional Circumstances — Grave Illness as Exceptional Circumstance
Under section 15 of the Trial on Indictment Act, grave illness certified by a medical officer of the prison or other institution where the accused is detained as being incapable of adequate medical treatment while the accused is in custody constitutes exceptional circumstances justifying release on bail. A chronic illness requiring specialised medical services not available in the prison environment satisfies this requirement.
Criminal Law & Procedure — Bail — Fixed Place of Abode — Requirements
To satisfy the requirement of a fixed place of abode within the court's jurisdiction, the applicant must provide evidence of a permanent place of residence where the applicant can with certainty or at least predictability be traced if required. The onus is on the applicant to satisfy the court that he or she has a permanent place of abode in a particular known village, sub-county, county and district. An introductory letter from the LC1 Chairperson and a copy of the applicant's national identity card are essential to provide the details showing that the applicant can be easily tracked down and located if required.
Criminal Law & Procedure — Bail — Balancing Individual Rights and Public Interest — Presumption of Innocence
The paramount consideration for granting or refusing to grant bail is to strike a balance between individual rights and the interest of society. Bail is a technique for affecting the synthesis of two basic concepts of human values: the right of the accused person to enjoy personal freedom and the public interest. However serious the nature of the charge, it remains an allegation until proved, and the seriousness of the offence must be balanced against the presumption of innocence and other relevant factors when considering whether or not to grant bail.

Legislation cited (12)

Cases cited (9)

  • BJ ODOKI, A guide to Criminal Procedure in Uganda 2ND Edition 1990 at page 71
  • Aganyira Albert v Uganda (Criminal Miscellaneous Application No. 71 of 2023)
  • Opiyo Charles v Uganda (Criminal Miscellaneous Application No. 26 of 2022)
  • Ssendaula Eria v Uganda (Criminal Miscellaneous Application No. 9 of 2018)
  • Alipwasadi Matovu v Uganda (Miscellaneous Criminal Application No. 15 of 2005)
  • Kizza Besigye v Uganda (Criminal Application No. 83 of 2016)
  • Bongomin Richard v Uganda (Miscellaneous Application No. 57 of 2008)
  • Mugyenyi Steven v Uganda (Criminal Miscellaneous Application No. 65 of 2004)
  • S verses Bruintjies 2003 (2) SACR 575 AT 577

Full judgment

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

Bashir v Uganda (Criminal Miscellaneous Application 17 of 2023) [2024] UGHC 718 (1 August 2024)
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.