Bumbakali v Uganda (Miscellaneous Criminal Application 185 of 1990)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that an accused person charged with murder who has been on remand for 38½ months with no prospect of committal to trial soon qualifies for release on bail under section 14A of the Trial on Indictments Act 1971 as amended. Where the State Attorney does not oppose the application, bail may be granted with appropriate sureties and reporting conditions.

Outcome

Accused released on bail pending committal and trial

Facts

The accused was charged with murder contrary to section 189 of the Penal Code. He first appeared in court on 2 January 1987 and had been on remand since then, a total of 38½ months. Wandegeya Police Station had not submitted the police file to the Director of Public Prosecutions for perusal and decision on the charges. There was no prospect of the accused being committed to the High Court for trial soon. The State Attorney did not oppose release on bail.

Issues

1. Whether the accused qualifies for release on bail under section 14A of the Trial on Indictments Act 1971 as amended.

Orders

• Application for bail granted.
• Accused to deposit cash Shs. 50,000/= in court.
• Two sureties to be bound in the sum of Shs. 200,000/= not cash.
• Accused to report to Buganda Road Chief Magistrate's Court after every 30 days from the date he fulfills the conditions until his case is otherwise dealt with.
• If accused does not fulfill these conditions he is to go back on remand.

Rules and key headnotes

Legislation cited (2)

• Penal Code Act s.189
• Trial on Indictments Act 1971 s.14A

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