Bugembe v Uganda (Criminal Miscellaneous Application 172 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An accused person charged with aggravated robbery who has been remanded for over 180 days does not qualify for mandatory bail under Article 23(6)(c) once committed to the High Court for trial. The constitutional provision applies only before committal.
Outcome
Application for mandatory bail dismissed; applicant remains in custody pending trial
Facts
The applicant was charged with aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act. He was remanded on 16 February 2021. He applied for mandatory bail claiming he had been in detention for over 180 days without committal. The court established from the case management system that the applicant had in fact been committed to the High Court as Session Case No. 303 of 2023, with the matter entered in the system on 14 June 2021.
Issues
- Whether the applicant qualified for mandatory release on bail under Article 23(6)(c) of the Constitution.
- Whether an accused person who has been committed to the High Court for trial remains eligible for mandatory bail under Article 23(6)(c).
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (9)
- Constitution of the Republic of Uganda Article 23(6)(a)
- Constitution of the Republic of Uganda Article 23(6)(c)
- Constitution of the Republic of Uganda Article 28(3)(a)
- Trial on Indictments Act s.14(1)
- Trial on Indictments Act s.15(1)(b)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(3)
- Penal Code Act s.285
- Penal Code Act s.286(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.