Wakilii

Bumukali v Uganda (Criminal Appeal No.185 of 1989)

High Court · [1990] UGHCCRD 12 · 1990 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail pending committal for trial on murder charge
Decision
Accused released on bail pending committal and trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Accused charged with murder under Penal Code s.187 and held on remand for 38 months without committal for trial qualifies for bail under Trial on Indictments Decree s.14A as amended. Police file not submitted to DPP; no prospect of early trial. State Attorney does not oppose bail. Accused released on bail conditions.

Outcome

Accused released on bail pending committal and trial

Facts

The accused was charged with murder under s.187 of the Penal Code on 2 January 1987 and has been on remand since that date. At the time of this application, he had been on remand for 38 months. Wandegeya Police Station has not submitted the police file to the Director of Public Prosecutions for perusal and decision on the charges. There is no prospect of the accused being committed to the High Court for trial soon. The State Attorney does not oppose release on bail.

Issues

  1. Whether the accused qualifies for release on bail having been on remand for 38 months without committal to trial.

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 each, not cash.
  • Accused to report to Buganda Road Chief Magistrate's Court after every 30 days from the date conditions are fulfilled until the case is otherwise dealt with.
  • If conditions not fulfilled, accused to return to remand.

Rules and key headnotes

Bail — Entitlement — Prolonged Pre-Trial Detention
An accused person charged with murder who has been on remand for 38 months without being committed to trial, where the police file has not been submitted to the DPP and there is no prospect of early committal, qualifies for release on bail under s.14A of the Trial on Indictments Decree 1971 as amended.

Legislation cited (2)

Full judgment

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

Bumukali v Uganda (Criminal Appeal No.185 of 1989) [1990] UGHCCRD 12 (19 March 1990)
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.