Wakilii

Besesya Francis alias Kateta v Uganda (Criminal Miscellaneous Application No. 70 of 2019)

High Court · [2020] UGHC 8 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending trial in a murder case arising from High Court Criminal Case No. NTU-00-CR-AA-07 of 2018
Decision
Applicant to remain in custody pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that although the applicant had a fixed place of abode, substantial sureties, and no other pending charges, bail was denied. The applicant failed to prove exceptional circumstances as required under section 15(3) of the Trial on Indictments Act for murder charges. The court declined to exercise its discretion to grant bail, finding that potential child witnesses could be influenced or traumatised by the applicant's release before trial.

Outcome

Applicant to remain in custody pending trial

Facts

The applicant, a male adult resident of Kabagyenda cell, Ntungamo Municipality, was indicted for murder contrary to sections 188 and 189 of the Penal Code Act. On 23 January 2018, he allegedly killed his wife, Ntegyerize Judith, using a panga. The applicant applied for bail, asserting his innocence, providing a fixed place of abode, and presenting two sureties who are his cousins. The applicant argued he had no other pending charges and would abide by bail conditions. The state opposed the application.

Issues

  1. Whether the applicant should be granted bail pending trial for the offence of murder.
  2. Whether the applicant proved 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 the absence of proven exceptional circumstances.

Orders

  • Bail denied.
  • Application dismissed.

Rules and key headnotes

Bail — Murder Charges — Exceptional Circumstances Requirement
Under section 15(3) of the Trial on Indictments Act, an applicant charged with murder must prove exceptional circumstances to the satisfaction of the court in order to be released on bail.
Bail — Judicial Discretion — Exercise in Absence of Exceptional Circumstances
The High Court has inherent jurisdiction to grant bail even in the absence of proven exceptional circumstances through the judicial exercise of its discretion, but the burden is upon the applicant to satisfy the court by putting forth a set of facts beyond ordinary considerations for bail upon which the court can act.
Bail — Witness Protection and Interference Concerns
Bail may be denied where there is concern that potential witnesses, particularly children, may be influenced not to testify or may be traumatised by seeing the accused released before trial.

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.

Besesya Francis alias Kateta v Uganda (Criminal Miscellaneous Application No. 70 of 2019) [2020] UGHC 8 (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.