Bwambare Albert and Another v Uganda (Miscellaneous Application 9 of 2026)

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 the first applicant, aged 62 years, proved exceptional circumstances by establishing advanced age as defined in the Bail Guidelines 2022 and proved he would not abscond through fixed abode and substantial sureties. Applying the balancing test between the applicant's constitutional rights and societal interests, the court exercised its discretion to grant bail to the first applicant. The second applicant failed to prove exceptional circumstances and his application was dismissed.

Outcome

First applicant granted bail on conditions; second applicant's application dismissed

Facts

The applicants were charged with murder contrary to sections 171 and 172 of the Penal Code Act and arson contrary to section 304(a) of the Penal Code Act. The charges arose from allegations that the first applicant participated in inciting a mob attack at night on the home of Nuwahereza Allen alias Suubi, who was killed on accusations of witchcraft. The first applicant was 62 years old, a sole breadwinner for nine school-going children, and claimed to suffer from hepatitis causing blindness. Both applicants had fixed places of abode and presented substantial sureties. The second applicant presented no evidence of exceptional circumstances.

Issues

1. Whether the applicants proved exceptional circumstances warranting the grant of bail under section 16 of the Trial on Indictments Act.
2. Whether the applicants proved they would not abscond if granted bail.
3. Whether the court should exercise its discretion to grant bail after applying the balancing test between the interests of the accused and those of society.

Orders

• The bail application of the 2nd applicant Natukwasa Fredrick is dismissed.
• The bail application of the 1st applicant Bwambare Albert is granted.
• The 1st applicant shall pay cash bail of Uganda shillings 3,000,000.
• The 1st applicant's sureties shall each be bonded in the sum of Uganda shillings 5,000,000 non-cash.
• The 1st applicant shall report to the office of the Registrar High Court at Mbarara on every first Monday of the month starting 2nd March 2026 until advised otherwise.

Rules and key headnotes

Legislation cited (18)

• Constitution of the Republic of Uganda 1995 Article 23(6)(a)
• Constitution of the Republic of Uganda 1995 Article 28(3)
• Constitution of the Republic of Uganda 1995 Article 28(3)(a)
• Constitution of the Republic of Uganda 1995 Article 274
• Trial on Indictments Act Cap 25 s.15(1)
• Trial on Indictments Act Cap 25 s.16
• Trial on Indictments Act Cap 25 s.16(1)(a)
• Trial on Indictments Act Cap 25 s.16(1)(b)
• Trial on Indictments Act Cap 25 s.16(3)
• Trial on Indictments Act Cap 25 s.16(3)(c)
• Trial on Indictments Act Cap 25 s.16(4)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Rule 5(a)
• Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Guideline 4
• Penal Code Act s.171
• Penal Code Act s.172
• Penal Code Act s.304(a)
• Universal Declaration of Human Rights Article 11(1)
• International Covenant on Civil and Political Rights Article 14(2)

Cases cited (2)

• Uganda v Kiiza Besigye (Constitutional Reference No. 20 of 2005)
• Foundation for Human Rights Initiative v Attorney General (Constitutional Petition No. 3 of 2009)

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