Wakilii

Bukenya Nicholas and Kasolo Herbert v Uganda (Criminal Miscellaneous Application 640 of 2025)

High Court · [2025] UGHCCRD 48 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for mandatory bail pending trial in the High Court
Decision
Applicants released on mandatory bail pending trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted mandatory bail to applicants charged with a capital offense who had been remanded for 276 days before committal to the High Court. Article 23(6)(c) of the Constitution requires release on bail where an accused has been remanded for 180 days before committal. The 276-day remand period exceeded the constitutional limit, entitling the applicants to mandatory bail with conditions set by the court.

Outcome

Applicants released on mandatory bail pending trial

Facts

The applicants were charged with a capital offense triable by the High Court. They first appeared in the lower court and were remanded on 20 December 2024. The case was committed to the High Court for trial on 12 September 2025. The applicants had been in continuous remand custody for 276 days between first appearance and committal, exceeding the 180-day constitutional limit under Article 23(6)(c) of the Constitution.

Issues

  1. Whether the applicants qualify for release on mandatory bail in circumstances where they were remanded for 276 days before committal to the High Court.

Orders

  • Application granted.
  • Each applicant shall execute a cash bond of UGX 1,000,000.
  • Each surety presented by each applicant shall execute a non-cash bond of UGX 10,000,000 to ensure the applicants' attendance in court.
  • Each applicant shall report to the Deputy Registrar of the Criminal Division every first Monday of the month beginning 3 November 2025.

Rules and key headnotes

Constitutional Law — Right to Bail — Mandatory Bail — Article 23(6)(c)
Where a person charged with an offense triable only by the High Court has been remanded in custody for 180 days before the case is committed to the High Court, that person has a constitutional right to be released on bail on such conditions as the court considers reasonable.
Criminal Law & Procedure — Bail — Mandatory Bail — Pre-Committal Remand Period
The period of remand custody for purposes of mandatory bail under Article 23(6)(c) is calculated from the date of first appearance in the lower court to the date of committal to the High Court.
Criminal Law & Procedure — Bail — Mandatory Bail — Court's Discretion
Once the constitutional threshold of 180 days pre-committal remand is exceeded, the right to mandatory bail is established and the court's discretion is limited to setting reasonable conditions for the bail.

Legislation cited (1)

Full judgment

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

Bukenya Nicholas and Kasolo Herbert v Uganda (Criminal Miscellaneous Application 640 of 2025) [2025] UGHCCRD 48 (23 October 2025)
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.